Can You Get Alimony and Child Support

Alimony and/or child support are items that are decided in the court of a family judge.  While these items come up in every divorce case, it is possible to determine the likelihood of being awarded child support or alimony based on the basics that family judges use to make these awards.

These are monetary penalties levied on one side in the divorce so that the other side can support the children or support the household in the aftermath of a divorce.  Considering how each of these items works will help to ensure that there are no surprises in the courtroom.

Alimony

Alimony is a monthly payment from one spouse to the other after the divorce is finalized.  Typically, alimony is awarded to the spouse that may have a hard time supporting their lifestyle of getting back on their feet after a divorce.

However, these payments are discontinued when the spouse is remarried.  Keeping this in mind, spouses need not be in relationships as they finalize their divorce.  A judge may assume that there already is financial support and alimony is not needed.

Child Support

Child support is a monthly payment levied on the court so that the parent with primary custody of the children can help to support the children.  When it is deemed that financial resources are not bountiful enough for the children to live comfortably, the judge may decree that child support payments are necessary.

These payments are just like alimony.  When the spouse with primary custody gets remarried, the child support payments are discontinued and the split families go their separate ways.

Calculations

The court calculates child support and alimony totals based on the yearly income of each party, how many children they have, cost of living and other factors involved in the raising of children.  While the court is free to calculate alimony and child support payments at will, the court typically follows guidelines that are loosely followed throughout the state court system.

When asking “how can you get alimony and child support,” it is wise to remember that the numbers are what matter.  All income must be reported to the court.  Also, new relationships that result in marriage will discontinue payments from one party to another.  These payments are temporary so that the children or divorced spouse can be supported and kept off government assistance.

The burden of the court is to figure out how the alimony and child support will affect the lives of those who are receiving it.  There are times when alimony and child support are absolutely necessary, but there are other times when the payments are deemed unnecessary by the court and disallowed for the requesting party.

Child support is an area you shouldn’t have to deal with alone. Specialized Family Lawyers can help make the process easier and simpler. Contact one of the Toronto divorce lawyers at Fine & Associates today.