Family Law

Reducing Child Support and Alimony

By Erin Kelley

During divorce, couples with children will either come to a child custody agreement or have custody decided by the court. After custody is decided, one parent will generally be ordered to pay child support. State laws vary, but some ex-spouses may also be entitled to receive alimony if the marriage lasted a number of years and there is a disparity of income or earning capacity.

Child Support

Each state has its own formula to determine the amount of child support payments. This formula is usually based largely on income and the amount of time each parent spends with the child; however, other factors may also come into play.

In some states, if a parent pays child support for a child from a previous relationship the amount of child support paid for other children may be reduced. Also, if there is significant travel cost involved with visitation, the amount of child support may be offset to compensate the parent who incurs the expense.

Alimony or Spousal Maintenance

Alimony, also sometimes called spousal maintenance or spousal support, is generally paid by an ex-spouse who has a higher income and earning capacity. To be eligible for alimony, ex-spouses usually must have less earning capacity and the marriage must have lasted for the period of time specified by state law. If an ex-spouse who receives alimony remarries, in most cases, the alimony payments stop.

Reducing the Amount of Payments

If a material change of circumstances occurs for one of the ex-spouses, such as a loss of income or financial windfall, either party may petition the court for a modification of the court order. Generally, the change of circumstances must influence the amount of the payments by at least 10% for the court to consider a modification.

Full post as published by The Divorce Blog on March 26, 2009 (boomark / email).