Marriage Dissolution: Child
Support and
Spousal Maintenance
CHILD
SUPPORT
The court may order either or both parents to pay support for a child. Support
is ordered without regard to marital misconduct. The court must order support
according to guidelines in the law and other factors including: the financial,
educational, physical, and emotional needs of the child; the standard of living
the child would have enjoyed had both parents still been living with the child;
and the earnings, income and resources of the parents. The court must explain
its reasons if the child support is set above or below the guidelines.
SPOUSAL
MAINTENANCE
Spousal maintenance (formerly called alimony) may be awarded to either spouse on
a temporary or permanent basis. It is awarded without regard to marital
misconduct.
The court may grant maintenance when it finds that the spouse seeking
maintenance: lacks sufficient property or is unable to support himself or
herself, or is the custodian of a child whose condition or circumstance make it
inappropriate for the custodian to seek employment outside the home.
Factors the court considers when
determining the amount and duration of maintenance include: the financial
resources and needs of both spouses; the time required for necessary education
of the spouse seeking maintenance; the standard of living during the marriage;
the loss of earnings; seniority and other employment opportunities; the
contribution of the spouse seeking maintenance to the other spouse's business or
employment; and the age and physical and emotional condition of the spouse
seeking maintenance.
When there is uncertainty
regarding the need for permanent (as opposed to temporary) maintenance, the
court is required to award permanent maintenance and leave the order open for
later modification.
COLLECTION
of CHILD SUPPORT and SPOUSAL MAINTENANCE
Assistance in child support collection is available from the county child
support enforcement agency or from a private attorney. There is a fee for child
support agency services for individuals not receiving public assistance. When
child support and/or maintenance are awarded, the decree may contain an order
for withholding from the income of the person owing the support. If no order
exists the county child support enforcement agency or a private attorney can
provide assistance in applying to the court for one.
Child support and maintenance
orders may be adjusted every two years based on a change in the cost of living.
For more information on the cost of living adjustment, go to the Cost-of-Living
Adjustments section of this website.
This document provides
general information on marriage dissolution and the law. It is not
intended to be used as legal advise. For application and interpretation of
the law to your situation, contact an attorney or one of the resources listed in
the brochure.
Last Updated:
Tuesday, 22-Aug-2006 15:22:37 CDT (mmp)
|