Unpaid Child Support And Alimony: A Reality Check From A Family Lawyer
In family law, there's a lot of misinformation out there. That's why we're here to clarify things and help you understand your rights when it comes to choosing Family Lawyer Melbourne for alimony and child support.
Alimony
and child support are two different things
Alimony and child support are two
different things. Child support is paid by the parent with custody of the
child, and it's meant to help cover expenses like food, clothing, shelter and
medical care.
Alimony—or spousal support—is paid by
one spouse to another after a divorce or legal separation for the purpose of
helping ease financial hardship during an adjustment period.
While both types of payments can be
awarded at the same time in certain situations, they're not always used
interchangeably.
Alimony is not always child support;
you can get alimony even if your ex doesn't have custody of your kids or if
they don't live with you anymore (but it may be difficult). Conversely, child
support isn't always awarded as alimony; this type of payment will end once
your children become adults and are no longer dependent on you financially.
Some
states don't recognise alimony as a right
Some states do not recognise alimony as
a right. In other words, there is no statutory entitlement to alimony. Rather,
the court may award it at its discretion and generally only when one spouse has
been financially dependent on the other during marriage.
In these states, you cannot proceed
with an action for divorce without your spouse's consent or fault grounds such
as adultery or abandonment.
If your spouse refuses to file for
divorce or agree to terms of separation, you will need to hire an experienced
family law attorney who can bring up grounds for divorce on your behalf (and
then sue for custody and child support).
There's
more to child support than receiving money
Child support is not just about the
money. It’s also about ensuring that your child is cared for and has all of his
basic needs met.
The money from child support goes
toward necessities such as clothing, food, transportation, healthcare, school
supplies and entertainment.
@ Alimony is a benefit paid by one
spouse to the other after a divorce. Child support is paid by the non-custodial
parent to the custodial parent. In some cases, these two payments are combined
into one amount called “family maintenance.”
In addition, many states have created
laws that prevent parents from denying any debt owed regarding their children's
well-being because it would cause harm to their offspring and possibly even
physical injury due to lack of adequate nutrition/health care/etc.
Conclusion
In conclusion, alimony and child support are two
different things. If you are dealing with a divorce or separation and want to
understand your rights to these payments, it may be best to consult with an experienced Family
Lawyer Melbourne attorney who can help you decide how best to
proceed.
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