Property Disputes and Personal Injury
04. Child or Spousal Support
Child support is defined as court-ordered payments, typically made by a non-custodial divorced parent, to support one's minor child or children.
The non-custodial parent is defined in two ways:
1. The parent that has less overnights.
2. If there is a true shared parenting schedule wherein both parents have the children 50% of the time the parent that earns more money.
Alimony and Spousal Maintenance
"Maintenance" means the amount to be paid to the other spouse for support after the divorce is final and sometimes is referred to as alimony.
If you are newly divorced, or the divorce occured after January 25, 2016, the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) you fall under the statutory "Maintenance" guidelines; although, your spouse may not necessarily be seeking spousal maintenance or alimony in your divorce action, but the notice must be given.
Based upon the statute there is an obligation to award the guideline amount of maintenance on income up to $184,000 as of 2020 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.
More than 20 Years of combined accumulated practice experience.
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