Child Support and Alimony, What You Should Consider Before Filing for Divorce.

Alimony is the legal obligation to provide financial support for an ex-spouse. The ex spouse may also be legally entitled to property owned during the marriage. When a divorce or dissolution of marriage is granted, either party may ask for post-marital alimony. It will be said, no doubt, that one spouse will have more trouble paying for lawyers than paying bills regularly. Once litigation commences, either party may seek interim or pendente lite support.

Divorce is a tough time for both parties. It has a social impact as well as financial impact. The stigma that divorce places on one is discomforting. People may haphazardly observe one who is going through a divorce as adulterated, especially  when one spouse cheats on the other. Side-taking is not uncommon in this situation. Even families of both parties come into conflict especially when there is a custodial dispute.

Children are the most innocent victims of any divorce. The exigencies of domestic disputes may even become violent and create an immediate threat for the child's health. Children in the middle of the divorce are usually confused and unaware of the future implications of separation of both parents. This can manifest it self into emotional disturbances in both the adolescent stage and adulthood. Action must be taken at any point of time during separation to actually separate and take a child under one spouse's wing in order for the protection of not only the children but also both spouses. When domestic abuse occurs then the authorities must be called. Any sort of abuse or illegal activity such as stalking can be used in the court of law and restraining orders can be handed out. Kidnappings are terrifying and can happen no matter how easy the relationship is between the children and both spouses. All measures should be taken in order to prevent this crime even if custody has to be turned over to a third party through a social worker. Litigation can finally proceed when everyone is safe.

The first step in divorce litigation is to prove marriage breakdown, and this can be easily done by meeting the "living separate and apart" rules. The "living separate and apart" rules are in and itself, actually proving that both spouses are separated. A separation agreement can accommodate financial relief, separation of property, and visitation rights during litigation. The second step is to serve the Summons to the defendant. It should briefly state the grounds for divorce and what you are seeking as the plaintiff; i.e custody, visitation rights and interim support. You have 20 days upon receiving a summons to make a counterclaim as a defendant. Property is classified separate when it was obtained before marriage or when it was given as a gift and or inherited during marriage. Marital property was acquired during the marriage and is shared between both spouses. Marital property is given a fair market value and is divided equitably between both spouses as supposed to the 50/50 split. Initially both spouses have custody if they are the child's natural parents and both spouses need to work out custody arrangements. If an arangement cannot be made then the judge will make one. In worst case scenario's one parent may seek sole custody of the child, but in all scenarios the judge will allow both parents to play a role in the child's upbringing unless one agrees not to. When all agreements have been made, all affidavits for an uncontested divorce plus all other documents requested by the judge must be sent to the court clerk. If everything is in order then the papers will be sent to the judge and he or she will sign the judgment of divorce and the marriage is officially over. Both spouses are now allowed to remarry.

Moving on is tough after a divorce because it has emotional and financial repercussions. Alimony can help the spouse who is more in need. Child support is not alimony. After a divorce one parent is required by law to provide regular payments to the parent who is taking care of the child. If a parent misses child support then he or she will face repercussions such as having his or her driving license revoked until said payment is made. Child support payments are not taxable income for the receiving parent however the parent who is paying out is the one who has to pay the taxes. Alimony on the other hand is taxable income for the spouse receiving the payment and is deductible from the income of the paying spouse. It is decided by the judge in what fashion alimony will be awarded. There are generally four types of alimony: temporary, rehabilitative, permanent, and reimbursement. Temporary alimony is ordered by court on behalf of the lesser earning spouse before divorce during separation. Examples are interim and pendente lite. Rehabilitative alimony is awarded to the lesser earning spouse until he or she can acquire work outside home and become self-sufficient. Permanent alimony is paid until the death of the payor, death of the recipient or the remarriage of the recipient. Reimbursement alimony is alimony paid to reimburse the expenses occurred to a spouse by a spouse during the marriage. An example is educational expenses.