When May Maintenance And Support Be Awarded By A Court?
Depending on state law, a court may award maintenance to either spouse. Maintenance refers to money payable or property transferable by one spouse to the other after a divorce or declaration of nullity of marriage.
The court may direct one spouse to pay to the other spousal support or interim spousal support for such period of time and on such terms as the court thinks reasonable, taking into account:
- the financial needs of each spouse;
- the financial means, earnings and earning capacity of each spouse;
- the standard of living of the spouses;
- any obligation of a spouse for the support and maintenance of a child or a person other than the other spouse;
- any housekeeping, child care or domestic service performed by a spouse for the family;
- the amount of any property settlement made between the spouses;
- where one spouse is financially dependent on the other spouse, the measures available for the dependent spouse to become financially independent of the other spouse and the length of time and cost involved in taking those measures;
- any impairment of the income earning capacity and financial status of either spouse resulting from the marriage;
- length of time that the marriage has subsisted;
Child support and interim child support may also be ordered to be paid by one spouse to the other.
Other Child Support Law FAQs
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Q:
How Does A Parent Having Custody Obtain Child Support From The Other Parent?
A: Child support payments can be reached by agreement between the parents or by application to court and obtaining a court order. -
Q:
Can an order for maintenance or support be changed or varied?
A: A court may vary an order or an interim order for maintenance or support in the following situations: there has been a significant change in the condition, means, … More -
Q:
Can the amount of support payments be changed?
A: Either party to a support payment agreement or a court-ordered support application can apply to the court at any time to vary the amount of support payable … More -
Q:
What Is Child Support, And How Is Child Support Determined?
A: Child support is a periodic payment made to a custodial parent from a noncustodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., … More -
Q:
What Factors Are Used To Calculate Child Support Payments? Can The Amount Of The Payment Change Over Time?
A: Under the Child Support Enforcement Act of 1984, child support payments are based upon each parent's current income. This includes a number of elements … More -
Q:
Is A Father Who Never Married The Mother Still Required To Pay Child Support? What If The Father Is Not Allowed To See The Child?
A: Regardless of marital status, an ‘assumed father' is any biological father of a child for whom paternity has been established by either the admission of the … More -
Q:
What Happens To A Father Who Refuses To Pay Court Ordered Child Support?
A: Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial … More -
Q:
How Is Child Support Ordered And What Exactly Is It?
A: Child support is a court ordered monthly payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. Federal law … More -
Q:
My Ex Is Not Making Child Support Payments – What Can I Do?
A: You can take your ex back to court. Once there, the judge has many tools available for your use. For example, you could have the judge issue a wage … More -
Q:
Can A Child Support Order Be Changed Or Modified?
A: Yes. An order for child support can be changed or modified any time there is a material change in circumstances from the time that the initial child support was … More
Child Support Sub-categories
| Child Support Enforcement | Child Support Payment |
