When you end up getting divorced, it is vital to your continued emotional health that you address how significant a life change you are going through. Denying its importance can only hurt you in the long term, especially if you have children. A divorce is the kind of event that’s going to affect every other aspect of your life, from your finances to your social circle. You may have to pay spousal support and/or child support. A Kansas divorce lawyer can protect your interests during these determinations.
Spousal Support vs. Child Support
Depending on the outcome of your divorce and the circumstances of your marriage, you may be ordered to pay spousal support, child support, or both to your partner. If you were able to push for an uncontested divorce, you and your partner may have worked out a mutually beneficial plan for both spousal support and child support, which the court has agreed to. If you are a present father with established paternity, you may want to reinforce your rights after a divorce.
If your divorce was contested, you most likely had to be ordered by the court to provide spousal support and/or child support, since you and your spouse could not reach any sort of amicable solution. Either way, if both spouses’ financial situation warrants it, you may have to pay them support. The primary difference between spousal support and child support is who benefits from the payments. Both are court-ordered financial assistance intended for the lesser-earning spouse.
The whole point of having to pay your spouse extra money over time is to provide them with stability while they find a way to support themselves. This may take far more time than you initially expect, and the court may intend for you to pay indefinitely until the spouse either remarries, dies, or gets a high-paying job. Spousal support is intended to provide that help to your former spouse, while child support is awarded to help with the child’s welfare.
Spousal support, which is also called alimony, is paid by the higher-earning spouse to the lower-earning spouse when there is a prominent pay disparity between the two. Without the higher-earning spouse’s income, the other spouse will be unable to take care of themselves. The court will order the higher-earning spouse to pay a certain amount every month until the lower-earning spouse is in a better living position, with a decent job or new relationship.
Keep in mind that not every divorce is going to result in spousal support payments, especially if both spouses’ income was fairly similar. If the lower-earning spouse can get by with their own income, it’s unlikely that a judge will order the other spouse to pay spousal support.
Child support is different but fairly similar. Child support is a monthly payment given to the custodial parent by the noncustodial parent. This monthly payment is supposed to be used solely for the child’s welfare and basic necessities, like food, shelter, education, clothing, and medical needs. Even if there are children involved, not every divorce will result in child support. If the noncustodial parent’s income is too low, the court may not order them to pay at the time.
What Goes Into Calculating Spousal Support?
When the court calculates spousal support payments, they look at many different contributing factors. These include:
- The total length of the marriage
- The earning capacity of both spouses
- The monthly income of both spouses
- Any contributions from one spouse to the other for their education
- The employment situation of both spouses
- How old each spouse is at the time of the divorce
Everyone’s spousal support amount will be different, since everyone’s divorce contains different factors.
FAQs
Q: How Long Does Spousal Support Last?
A: While spousal support will last a different amount of time for everyone who is ordered to pay it, spousal support payments in Kansas generally are not allowed to exceed 121 months. That’s considered a generous amount of time for the lesser-earning spouse to find a better paying job and get their life together. There are always exceptions to this rule. Ultimately, how long the payments last will depend on the circumstances of the divorce.
Q: What Would Need to Happen for Spousal Support Payments to Stop?
A: In Kansas, multiple scenarios would cause spousal support payments to stop permanently. Generally, spousal support will end if the lesser-earning spouse either remarries or passes away. If the spouse were to move in with their new partner, the court might view that as a serious enough step in the relationship to warrant the end of spousal support. If either spouse has a sudden change in their financial stability, that could end spousal support payments, too.
Q: Is the Father Always the One Paying Child Support?
A: Not necessarily. The father is not always the one who is ordered to pay child support to the mother. Either parent may be ordered to pay child support to the other one, depending on multiple factors. The custodial parent is generally the one in a more stable financial situation and who spends the most time with the child in question.
Q: Should I Hire a Lawyer to Negotiate Support?
A: Yes, you should consider hiring a lawyer to negotiate either spousal or child support payments when the time comes. Having a lawyer by your side to negotiate can be greatly beneficial. It also protects you from being taken advantage of, which can happen when you don’t have a legal professional protecting your interests.
Reach Out to a Divorce Lawyer Today
In the aftermath of your divorce, there is a strong chance you are going to end up paying either spousal or child support, depending on your income. You may want to consider reaching out to an experienced lawyer to negotiate your position.
The legal team at Stange Law Firm can provide crucial assistance to assert your rights and defend your interests throughout your divorce. Contact us to speak with a member of our team about what we can do for you.
