Alimony and child support are important aspects of a divorce case and involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. The amount of alimony that must be paid is usually based on the standard of living established and expected during the marriage, the age and health of the spouses, the obligations and assets of each spouse, the length of the marriage, and a number of other factors that may vary by state. Unlike child support, which is determined according to rigid guidelines, courts have considerable discretion in determining if they will award alimony and, if they do, the amount and time period for which it lasts.

Child support is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support may be awarded in joint custody cases when there is a significant discrepancy between the parents’ incomes. Exact conditions for eligibility of child support and guidelines for the calculation of child support vary from state to state, but generally take into consideration the needs of the child, the needs of the custodial parent, the paying parent’s ability to pay, and the standard of living the child was accustomed to before the divorce. If alimony has been awarded, that amount is deducted from the payer’s income and added to the payee’s income when child support is being calculated.

Tip #1: There is no formula for determining alimony. According to divorce lawyer Peter Paras, “Alimony is really more art than science and it, it results from a consideration of a variety of statutory factors. Courts and lawyers have to consider the duration of the marriage, the age of the parties, their incomes, their assets, their liabilities, their lifestyles, their health, whether or not any of their assets generate income. These are all factors that have to be considered in determining whether alimony is to be paid and, if so, whether it’s going to be permanent, rehabilitative, or limited duration alimony and in what amount.”

Tip #2: Child support may continue after the child has reached the age of 18 under certain circumstances. Technically, the non-custodial parent’s obligation continues until the child is emancipated. “Children are emancipated at different times,” explains divorce lawyer Peter Paras. “Typically they’re emancipated when they reach the age of 18 and have graduated from high school, but emancipation is often delayed while a child finishes a higher education, such as four years of college, trade school, or something of that nature. That’s when the obligation technically ends.” Child support may also be extended beyond the age of 18 if the child has special needs. If the child has been declared emancipated by a court prior to reaching the age of 18, is on active military duty, or the parents’ rights and responsibilities have been terminated for any other reason, child support payments may be discontinued.

Tip #3: Understand that there are different types of alimony. Limited duration alimony usually applies to cases in which the marriage is too short to justify permanent alimony. Rehabilitative alimony is designed to provide financial assistance to the more economically dependent spouse while he or she becomes more financially independent by getting job training, building up work history, or furthering education. Permanent alimony is typically paid when there is a long term marriage, but it is important to note that permanent alimony is not always permanent. Divorce attorney Peter Paras explains, “Permanent alimony is somewhat of a misnomer in that it probably would be better termed indefinite alimony. It can end or be modified is circumstances change in the future.” Examples of changes in circumstances that could be grounds for the cessation of permanent alimony include the remarriage of the recipient, the death of the payer, or cohabitation of the recipient with someone of the opposite sex.

Divorce cases involve many different types of issues, including preparing for your divorce, child custody and visitation, and assets and property, all of which will be addressed in this series.

For more divorce advice, refer back to Parts 1 and 2 of this series and look for the upcoming final installment:

Part 1: Divorce Advice: Preparing for Your Divorce
Part 2: Divorce Advice: Child Custody and Child Visitation
Part 4: Divorce Advice: Assets and Property Division

Child custody is one of the most difficult and emotionally charges aspects of a divorce. There are two primary types of custody, physical custody and legal custody.  Physical custody is awarded to parent with whom the child will live a majority of the time.  The custodial parent often shares legal custody of the child with the non-custodial parent. Legal custody refers to the right to make decisions about the child’s education, religion, health care, and other significant concerns. Some parents settle on a joint-custody arrangement, through which the child spends approximately an equal amount of time with both parents. The following tips offer advice about child custody and child visitation, so that you and your soon to be ex-spouse can handle these difficult issues with the least amount of emotional strain on yourselves and your children as possible.

Tip #1: Focus on your child’s or children’s best interests. This may sound overly simple, but divorce lawyer Peter Paras stresses, “In dealing with the issue of custody, it is important to know that it is the children’s best interests that are the central focus of the court’s concern.” Divorce attorney Bonny Reis agrees, stating, “One of the most important [elements of] good parenting is the ability of a parent to subordinate his or her needs to the needs of the child. Once people begin to understand that and stop seeing the child’s needs through the lens of their own feelings, they become much better parents and much better candidates for custody.” It is essential to keep your negativity toward your former spouse from damaging your child’s relationship with him or her, as well as your child’s perceptions of him or her. When it comes to deciding custody arrangements, courts tend to look favorably on parents who are respectful and cooperative during the divorce proceedings.

Tip #2: There are two ways to resolve the issue of child custody. First, the parents can reach a compromise, thereby recognizing that the children are entitled to know both of their parents and structuring the children’s future in a collaborative manner.  Second, in cases where extenuating circumstances make compromise extremely difficult or impossible, a judge will make the custody decision. Peter Paras, an experienced divorce lawyer, points out, “One of the most critical elements in deciding whether or not compromises can be reached or not is how well the parents can communicate and whether the parents have a recognition that the other parent has a right to have a relationship with the children and that the children have a right to have a relationship with both parents.”

Tip #3: Establish a fixed visitation schedule. When a court establishes visitation rights for a noncustodial parent, it usually orders reasonable visitation. In order for the reasonable visitation approach to succeed, both parents must cooperate and communicate frequently. Fixed visitation refers to the establishment of a detailed visitation schedule by the court, including the times and places for visitation with the noncustodial parent. Divorce attorney Bonny Reis favors this approach. “I feel strongly that there has to be a schedule…when you have a schedule as a default, both parents know when they can make time for themselves. To have a schedule shows that the parents respect one another and respect one another’s right to go on with their lives.” Another important beneficial result of fixed schedules is that they provide greater stability for the child. The child will know when to expect spending time with each of his or her parents, leading to healthier, more solid relationships and less tension between family members.

Divorce case involves many different types of issues, including preparing for your divorce, child support, assets and property, and alimony, all of which will be addressed in this series.

For more divorce advice, refer back to Part 1 of this series and look for the upcoming installments:
Part 1: Divorce Advice: Preparing for Your Divorce
Part 3: Divorce Advice: Child Support and Alimony
Part 4: Divorce Advice: Assets and Property Division