Spousal Support (Alimony/Maintenance) and Child Support in Divorce/Custody Settlements

California law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The California Family Code also addresses the needs of a spouse who has depended on a marital relationship for financial support. Couples can approach child and spousal support through alternative approaches:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Child support is payable, subject to modification, until the child turns eighteen — unless the child is living at home while attending high school, in which case support continues until the child turns nineteen or graduates high school. Either parent can request child support from the other as part of various civil actions including a dissolution of marriage (divorce), legal separation, nullity of marriage, and dissolution of a domestic partnership.

When parties pursue child support through litigation, a judge must use a mathematical formula to calculate the monthly payment. The formula determines the so-called guideline support based on each parent’s income, amount of time spent with the children, and other factors such as obligations of support from a prior relationship. In a litigated case, a judge will seldom depart from this guideline support.

Parents who devise their own settlement, however, are free to set support that differs from the guideline amount in both amount and duration. The MSA must declare that (1) the parties know their rights under California law, (2) neither party has been subject to duress or coercion, (3) the parties believe the support amount is in the best interests of the children and will meet their needs, and (4) the child-
ren are neither on welfare nor is an application pending. These declarations not-
withstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Parties in mediation may be curious to know the guideline amount of child support. New Resolution maintains a computer program, certified by the California Judicial Council, that calculates this amount. The program applies the same mathematical formula used by every judge in the state of California.

Regardless of how child support is set, the amount is modifiable any time a parent can show the court that a material change in circumstances has occurred. More-
over, if the parties agree to set child support at an amount lower than the guideline amount, the recipient parent can request that the court increase support to the guideline amount without need to show a change in circumstances.

Spousal Support

Spousal support is of two types: temporary support in the interim before a case is settled, and permanent support after the settlement. Permanent spousal support ordinarily continues, subject to modification, for the period specified in the court order. However, it automatically terminates when either one spouse dies or the recipient spouse remarries.

Spouses can contest spousal support through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own support terms as part of a Marital Settlement Agreement. The MSA is then approved by the judge and incorporated into the decree of dissolution or separation.

Unlike child support, both the amount and the duration of spousal support are discretionary. Judges have no obligation to order spousal support. When they do order it, they usually apply different approaches in setting temporary and perman-
ent support. They typically calculate temporary support using a mathematical formula for the county in which the divorce or separation is filed. (This approach is similar to the way in which child support is calculated.)

Permanent spousal support is set quite differently. Rather than use a formula, judges must consider several qualitative factors as detailed in California Family Code §4320–25. These include the parties’ incomes, expenses, earning cap-
acities, standard of living during the marriage, and duration of the marriage. Judges can set the duration of support in one of three ways: indefinite, in which case the parties can petition the court for a modification in the award when their circumstances change; fixed, with termination scheduled after a specified number of months or years; or conditional, terminating on a specific date unless the recipient spouse successfully petitions the court to extend that date.

Couples who choose mediation over litigation decide for themselves the terms, if any, of spousal support in their Marital Settlement Agreement. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing spousal support.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the dependent spouse become self-sufficient? How long might be necessary before the dependent spouse becomes self-sufficient?

[Divorce laws of California]

Arizona law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The Arizona Marital and Domestic Relations statutes also address the needs of a spouse who depends on a marital relation-
ship for financial support. Couples can approach child support and spousal maintenance via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Child support is of two types: Temporary child support helps one parent provide for the child(ren) in the interim before a case is settled. Permanent child support is payable after the settlement and continues, subject to modification, until the child turns eighteen — unless the child is either attending high school (or a certified high school equivalency program), in which case support continues until the child turns nineteen, or the child is severely disabled and cannot be self-supporting.

Either parent can request child support from the other as part of various actions including a dissolution of marriage (divorce), legal separation, and proceedings for child support. If the parents lived apart before the date of filing for dissolution of marriage, legal separation, spousal maintenance, or child support, the court may order child support retroactively to the date of separation (i.e. the date at which the parents no longer cohabited), but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance, or child support.

When parties pursue child support, either temporary or permanent, through litigat-
ion, a judge must use a formula to calculate support consistent with the reason-
able needs of the children and the ability of parents to pay. The formula determ-
ines the so-called guideline support based on each parent’s income, amount of time spent with the children, spousal maintenance paid or received, and other factors such as childcare, medical insurance, and education expenses and court-ordered support obligations for children from other relationships. In a litig-
ated case, a judge will seldom depart from this guideline amount.

Parents who devise their own settlement, however, are free to settle on an amount of child support that differs from the guideline amount. In doing so, their Marital Settlement Agreement (MSA) will specify the amount and declare that (1) the parties know their rights to guideline support under Arizona law, (2) neither party has been subject to duress or coercion, and (3) the parents have considered the best interests of the child. These declarations notwithstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Spousal Maintenance

Spousal maintenance is of two types: temporary maintenance in the interim before a case is settled, and permanent maintenance after the settlement. Permanent maintenance ordinarily continues, subject to modification, for the period specified in the court order. However, it automatically terminates when either one spouse dies or the recipient spouse remarries.

Both the amount and the duration of spousal maintenance set by a judge are discretionary, and judges have no obligation to order spousal maintenance. When they do order it, they may apply different approaches. They may, for example, use a guideline formula for making temporary maintenance orders, similar to the way they would set child support. However, permanent spousal maintenance is usually set quite differently.

In making permanent maintenance orders, judges must consider a list of thirteen factors as detailed in Arizona’ Revised Marital and Domestic Relations statutes Title 25 §319. These include the standard of living established during the marriage; the duration of the marriage; the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance; the ability of the spouse from whom maintenance is sought to meet that spouse’s own needs while meeting those of the spouse seeking maintenance; and any sacrifices made by a spouse in terms of income or career opportunities for the benefit of the other spouse.

Whereas guidelines and “rules of thumb” exist for the duration of spousal main-
tenance, Arizona law does not specify a required duration. Judges can set the duration at their discretion on a case-by-case basis.

Couples who choose mediation over litigation decide for themselves the terms, if any, of spousal maintenance in their Marital Settlement Agreement. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing maintenance — or, indeed, whether to include it at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Arizona]

New Mexico requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The state’s domestic affairs statutes — specifically, Chapter 40, Article 4 — also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and spousal support via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of a dissolution of marriage (divorce) or legal separation. It is payable after the dissolution or legal separation is finalized and ordinarily continues, subject to modification, until the child turns eighteen — unless the child is still attending high school, in which case support continues until the child turns nineteen or graduates high school, which-
ever occurs first. Child support may terminate sooner if a child marries, is eman-
cipated, or joins the military.

Whereas child support for children of parents who are married to each other is not retroactive, a paternity suit involving child support for never-married parents may be retroactive to the date of the child’s birth and can include pregnancy and birth-
related expenses.

Parties may pursue child support that is either permanent or temporary (some-
times called an interim order for support pending finalization of the divorce or legal separation). When pursued through litigation, a judge must use the Basic Child Support Schedule and Worksheets as a basis for setting child support. This formula apportions support according to (1) the parents’ gross income shares, applying either actual income or imputed income (potential earning power) to the schedule, and (2) the parents’ time-sharing with the children.

Expenses may then be added to the basic guideline amount — specifically, childcare to allow parents to work or seek work; extraordinary uninsured health care expenses incurred on behalf of the children in excess of $100 per child per year; extraordinary education expenses for children; and transportation and communication expenses for long-distance visitation or time sharing.

Judges seldom deviate significantly from child support amounts set in this way. Parents who devise their own child support settlements, however, may agree on an amount that differs from the guideline amount. In doing so, their Marital Settle-
ment Agreement (MSA) will specify the amount and declare reasons for their choice. This declaration notwithstanding, a judge will always review an MSA before signing a decree of dissolution or legal separation — a safeguard to help ensure parents don’t agree to terms inadequate to meet the needs of their children.

Regardless of how child support is set, the amount is modifiable annually (or less frequently) if a parent can show that a material and substantial change in circum-
stances has occurred. (Here, substantial means a change of at least 20% in the existing support amount.) Moreover, if the parties agree to set child support at an amount lower than the guideline amount, the recipient parent can request that the court increase support to the guideline amount at any time.

Spousal Support

Spouses can contest spousal support (alimony) through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own support terms, if any, as part of a Marital Settlement Agreement.

Both the amount and the duration of spousal support set by a judge are discretion-
ary. Moreover, judges have no obligation to order spousal support. When they do order it, they may set support that is rehabilitative (i.e. conditional on the supported spouse’s compliance with a rehabilitation plan), transitional (fixed in duration), or, in very long-term marriages involving a dependent spouse, indefinite.

Spousal support may be in the form of installment payments (e.g. monthly), a one-time lump sum, or awards of property. A judge is less likely to order spousal support in marriages of less than ten years, and the burden of proof is on one spouse to show both a need for support and the other spouse’s ability to pay that amount. Provisions also exist for a judge to order temporary spousal support — a component of a so-called interim division of income and allocation of expenses — to help a more dependent spouse in the period before the divorce or legal separation is finalized.

In making spousal support orders, judges must consider the many factors in Chapter 40, Article 4–7 of New Mexico’s divorce statutes. These include the age, health, and current and future earnings of the spouses; the spouses’ efforts to become self-supporting; the standard of living during the marriage; the marriage’s duration; any property awarded or confirmed to the respective spouses; the type and nature of the respective spouses’ liabilities; and agreements entered into by the spouses in contemplation of their divorce or legal separation. Judges can also consider the need to maintain medical insurance and the appropriateness of life insurance to protect the recipient on death of the paying spouse.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of New Mexico]

Washington requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The state’s domestic relations statutes — specifically, Title 26 in the Revised Code of Washington — also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and spousal maintenance (alimony) through alternative approaches:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Child support is of two types: Temporary child support helps a more needy parent provide for the child(ren) in the interim before a case is settled . Permanent child support is payable after the settlement (from the date of final decree) and ordinarily continues, subject to modification, until the child turns eighteen or graduates high school, whichever occurs later. However, child support may terminate sooner if the child marries, is emancipated, or becomes otherwise self-supporting.

Washington law also includes provisions for awarding post-secondary education support to adult children. In applying these provisions, the court considers several factors including the child’s needs; the parent’s expectations for the child when they were together (which may suggest the support that the child would have received if the parents had stayed together); the child’s prospects and desires; and the parents’ level of education, standard of living, and current and future resources. Only in exceptional circumstances would post-secondary education support continue beyond the age of twenty-two.

When pursued through litigation, a judge must use a child support schedule as a basis for setting child support paid by the noncustodial parent. This formula apportions support according to the parents’ monthly net incomes, applying either actual income or imputed income (potential earning power) if the court determines that a parent is voluntarily unemployed or underemployed. Expenses may then be added to the basic guideline amount — specifically, day care expenses to allow parents to work or seek work; education and other child rearing expenses; health insurance premiums for the child; and uninsured health care expenses incurred on behalf of the child.

Parents may use the Washington State Child Support Schedule Calculator to create a set of Washington State Child Support Schedule Worksheets for use by the court in setting child support. The calculator can estimate the amount of child support that might be ordered by a judge, but the amount indicated is presumptive or advisory only. Judges have discretion to deviate from the amount indicated.

When deviating from the presumptive amount (for parents whose combined net incomes are less than $5000 per month) or the advisory amount (incomes from $5000 to $7000 per month) indicated via schedule, judges consider several factors in Title 26, §19.075, including significant amounts of time that the child spends with the parent who is paying child support; special medical or education needs of the child; a significant disparity in the living costs of the parents due to conditions beyond their control; any non-recurring income (i.e. whether income from overtime, bonuses, contract labor, etc., is not a dependable source of income); extraordinary debt not voluntarily incurred; income of other adults living in the household; any extraordinary income of the child; and child support obligations to children of other relationships.

Parents who devise their own child support settlements may agree on an amount that differs from the guideline amount. In doing so, their Marital Settlement Agree-
ment will specify the amount and declare reasons for their choice. This declaration notwithstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation — a safeguard that helps ensure parents don’t agree to terms inadequate to meet the needs of their children.

Regardless of how child support is set, the amount is modifiable at any time with the parents’ agreement. In the absence of their agreement, either parent can petition the court to modify support if three years have elapsed since the last support order, the new amount would mean a change of at least $100 and at least 25% of the existing support amount, or a substantial change in circumstances has occurred (for example, a parent has lost a job or now has additional children to support).

Spousal Maintenance

Spousal maintenance (alimony) is of two types: temporary maintenance in the interim before a case is settled, and permanent maintenance after the settlement. Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own support terms, if any, as part of a Marital Settlement Agreement.

Both the amount and the duration of spousal maintenance set by a judge are discretionary. Moreover, judges have no obligation to order maintenance. In making maintenance orders, judges must consider several factors in the Revised Code of Washington, Title 26, §26.09.90 including:

The financial resources and assets of the party seeking maintenance.
The ability of a spouse seeking maintenance to be self-sufficient.
The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment.
The standard of living established during the marriage.
The length of the marriage.
The age, health, and financial obligations of the spouse seeking maintenance.
The ability of the spouse from whom maintenance is sought to meet that spouse’s needs and financial obligations while meeting those of the other spouse.

Couples who choose mediation decide for themselves the terms, if any, of main-
tenance in their Marital Settlement Agreement. Altogether different from the postur-
ing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider what’s important to you when addressing maintenance — or, indeed, whether to include it at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Washington]

Florida law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. Florida’s dissolution of marriage, support, and custody statutes also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and alimony (spousal support) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Child support is of two types: Temporary child support helps one parent provide for the child(ren) in the interim after a case is filed and before the case is settled. Permanent child support is payable after the settlement and continues, subject to modification, until the child turns eighteen, marries, or becomes emancipated or self-supporting — whichever occurs soonest.

Either parent can request child support from the other as part of a dissolution of marriage (divorce) and proceedings for child support. If the parents lived apart before the date of filing for dissolution of marriage or child support, the court may order child support retroactively to the date of separation (i.e. the date at which the parents no longer cohabited), but not more than two years before the filing date.

When parties pursue child support, either temporary or permanent, through litigat-
ion, a judge must use a schedule (standard worksheet) as a basis for setting support. The schedule considers the parents’ incomes, either actual income or imputed income (potential earning power). Other factors - specifically, childcare and medical expenses — are then added to the basic obligation determined by the schedule. [Reference: Statute 61.30]

Whereas judges seldom deviate significantly from this so-called guideline amount, they do have discretion to do so by considering factors such as the need of a parent who pays child support to provide for a child of another relationship, any independent income of a supported child, time spent by a parent with the child, extraordinary education expenses, assets of the parents and child, and any other issues that might affect equity.

Parents who devise their own settlement, however, are free to settle on an amount of child support that differs from the guideline amount. In doing so, their Marital Settlement Agreement (MSA) will specify the amount and declare the reasons if the deviation is more than 5% of the guideline amount. These declarations notwithstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Regardless of how child support is set, the amount is modifiable any time a parent can show that a substantial change in circumstances has occurred. (Here, substantial means a change of at least 15% or $50, whichever is greater.) Moreover, if the parties agree to set child support at an amount lower than the guideline amount, the recipient parent can request that the court increase support to the guideline amount at any time.

Alimony

Alimony is of two types: temporary alimony in the interim before a case is settled, and permanent alimony after the settlement. Courts now typically favor rehabilitative alimony i.e. alimony for the purpose of helping a spouse who was more dependent on the marriage become self-sufficient.

Alimony continues, subject to modification, for the period specified in a settlement agreement or other court order. It automatically terminates when the recipient spouse dies or the recipient spouse remarries. It may also terminate if the recipient spouse cohabits with another person in the manner of a married couple.

Spouses can contest alimony through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own alimony terms as part of a Marital Settlement Agreement.

Both the amount and the duration of alimony set by a judge are discretionary, and judges have no obligation to order alimony. In setting alimony, judges consider:

The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of each party.
The income and resources of each party, including nonmarital and marital assets and liabilities.
The time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
The contribution of each party to the marriage, including services towards homemaking, child care, education, and the party’s career.
Any other factor relevant to equity and justice between the parties, including adultery of either spouse.

Couples who choose mediation over litigation decide for themselves the terms of alimony in their Marital Settlement Agreement. Altogether different from the posturing and aggressive offers and counters that characterize litigation contest, mediation allows you to consider the factors that are important to you when addressing alimony — or, indeed, whether to include it at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as:
Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Florida]

Texas requires that parents share responsibility for the needs of their minor child-
ren, whether natural or adopted. The state’s Family Code also addresses the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and spousal support (maintenance or alimony) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of a dissolution of marriage (divorce) or child support proceeding. A child support order may be retroactive to the date of the parents’ separation and ordinarily continues, subject to modification, until the child turns eighteen or, if properly attending high school, graduates from the school, whichever occurs later. Child support may terminate sooner if a child marries or is emancipated by court order or enlists in the U.S. armed forces. Child support may also continue beyond a child’s eighteenth birthday or graduation from high school if the child is disabled.

Parties may pursue temporary child support (that is, support for the interim period while an action is pending) or permanent child support. When pursued through litigation, a judge must use the Child Support Guidelines formula to determine child support. This formula considers each parent’s net income, retirement contributions, other financial factors, and proportion of time each parent cares for the children. Among the many other factors that a judge may consider are expenses such as child care, special educational needs, provision of health insurance, uninsured health care costs of the child, the imputed (potential earning power) of the parents, and support obligations for children of other relationships.

Judges seldom deviate significantly from the amount of child support indicated by the Texas guidelines formula. Parents who devise their own child support settle-
ments, however, may agree on an amount — specified in their Marital Settlement Agreement — that differs from the guideline amount. Regardless, a judge will always review a MSA before signing a decree of dissolution of marriage — a safe-
guard that helps ensure parents don’t agree to terms inadequate to meet the needs of their children.

The amount of child support is modifiable if a parent can show a material and substantial change in the circumstances of the child or a person affected by the existing order. Parents can also seek a modification of an existing order if three years have elapsed since the previous order and the monthly amount of the support award differs by either 20% or $100 from the amount that would be awarded in accordance with the child support guidelines.

Maintenance

Maintenance (alimony) is of two types: temporary maintenance in the interim while a case is pending, and permanent maintenance thereafter. Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own maintenance terms, if any, as part of a Marital Settlement Agreement.

The purpose of maintenance is to help a spouse meet minimum reasonable needs if otherwise unable to be self-sufficient. Both the amount and the duration of maintenance set by a judge are discretionary. Moreover, judges have no obligation to order maintenance. When they do order it, it is in cases of marriages of long duration (at least ten years).

The maximum award is generally the lesser of $2500 per month or 20% of the supporting spouse’s average monthly gross income. Maintenance may not exceed a three-year duration unless the supported spouse is responsible for a young child, has a physical or mental disability, or has some other compelling impediment to gainful employment. In making maintenance orders, judges must consider several factors including:

The spouses’ financial needs, resources and liabilities.
The education and employment opportunities of the spouses.
The duration of the marriage.
The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
Excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of property by either spouse.
The contribution by one spouse to the education, training, or increased earning power of the other spouse.
The property brought to the marriage by either spouse.
The contribution of a spouse as homemaker.
Marital misconduct of the spouse seeking maintenance.

Couples who choose mediation over litigation decide for themselves the terms, if any, of maintenance in their Marital Settlement Agreement. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the maintenance factors that are import-
ant to you — or, indeed, whether to include maintenance at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Texas]

New York’s Child Support Standards Act (comprising Domestic Relations Law § 240.1-b and Family Court Act §413.1.b, and commonly known as “the Guidelines”) requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The New York Domestic Relations statutes also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and spousal maintenance via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own terms of separation, each consulting attorneys if desired. The resulting settlement is filed as a Marital Separation Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of litigation. They’re also attracted to the convenience and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of various actions including divorce, legal separation, and proceedings for child support. When parties pursue child support through litigation, a judge must use a formula to calculate support consistent with the reasonable needs of the children and the ability of parents to pay. The formula determines the so-called guideline support, based primarily on each parent’s income and amount of time spent with the children. Adjustments are made — usually prorated to the parents’ respective incomes — for child care, medical, and educational expenses.

Parents who devise their own settlement, however, are free to settle on an amount of child support that differs from the guideline amount. In doing so, their MSA will specify the amount and declare that the parties know their rights to guideline support under New York law. Regardless of how child support is set, the amount is modifiable any time a parent can show the court that a material change in circumstances has occurred.

Maintenance

Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can agree your own maintenance terms in a Marital Separation Agreement.

When contested in court, both the amount and the duration of maintenance are discretionary. Furthermore, judges have no obligation to order maintenance. When they do order it, they must consider several factors including the parties’ assets; dissipation of assets; earning capacity; duration of the marriage; health; standard of living during the marriage; estimated time for the more dependent spouse to be self-supporting; and contributions to the marriage as spouses, parents, homemakers, and supports to one another’s career development.

Couples who choose mediation over litigation decide for themselves the terms, if any, of maintenance. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing maintenance.

[Divorce laws of New York]

Title 2A-34.23 of the New Jersey statutes require that parents share responsibility for the needs of their minor children, whether natural or adopted. The statutes also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and alimony (spousal maintenance) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own terms of separation, each consulting attorneys if desired. The resulting settlement is filed as a Marital Separation Agreement (MSA) for the court’s approval.

Child Support

Either parent can request child support from the other as part of various actions including divorce, legal separation, and proceedings for child support. When parties pursue child support through litigation, a judge will usually rely upon a formula developed by the Administrative Office of the Courts (AOC) to calculate support consistent with the reasonable needs of the children and the ability of parents to pay.

The formula determines the so-called guideline support, based on each parent’s income (actual or imputed) and on estimates of what intact families spend on their children. Additional costs may be included for child care, health insurance premiums, out-of-pocket medical expenses, and education (including private school fees).

Parents who devise their own settlement are free to settle on an amount of child support that differs from the guideline amount. In doing so, their Marital Separation Agreement will specify the amount and declare that the parties know their rights to guideline support under New Jersey law. Regardless of how child support is set, the amount is modifiable by the court any time a parent can show a material change in circumstances — for example, a reduction in income resulting from the loss of a job.

Alimony or Maintenance

Spouses can contest alimony (also known as maintenance) through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can agree your own alimony terms in a Marital Separation Agreement. Alimony may be post-judgment (i.e. payable once the divorce terms have been settled) or pre-judgment (pendente lite, a temporary support award pending settlement of the divorce terms).

When contested in court, both the amount and the duration of post-judgment alimony are discretionary. Furthermore, judges have no obligation to order post-judgment alimony. When they do order it, it may be permanent, rehabilitative, limited duration, or reimbursement alimony.

Permanent alimony is sometimes awarded in long-term marriages (more than 10 years duration). It compensates a spouse for economic dependence on the marriage. Rehabilitative alimony is usually shorter-term relief to help a more dependent spouse achieve economic independence — for example, while he/she goes back to school or searches for employment. Limited duration alimony (also known as term alimony) is for a fixed term and may be awarded in cases where rehabilitative alimony is inappropriate. Reimbursement alimony recognizes the contributions of one spouse to the career development of the other and compen-
sates him/her accordingly for sacrifices to his/her own future earning capacity.

Judges must consider several factors when determining alimony:

Actual need and ability of the parties to pay.
Duration of the marriage.
The age, physical and emotional health of the parties.
The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living.
The earning capacities, educational levels, vocational skills and employability of the parties.
Length of absence from the job market of the party seeking maintenance.
The parental responsibilities for the children.
The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income.
The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities.
The equitable distribution of property ordered and any pay-outs on equitable distribution out of current income, to the extent this consideration is reasonable, just and fair.
The income available to either party through investment of any assets held by that party.
The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment.
Any other factors the court may deem relevant.

Couples who choose mediation over litigation decide for themselves the terms, if any, of alimony. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing alimony.

[Divorce laws of New Jersey]

Illinois law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The Illinois Marriage and Dissolution of Marriage Act meanwhile addresses the needs of a spouse who has depended on a marital relationship for financial support. Couples can approach child support and spousal maintenance through alternative approaches:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

Child Support

Child support is of two types: Temporary child support helps the custodial parent provide for the child(ren) in the interim before a case is settled. Permanent child support is payable after the settlement and continues, subject to modification, until a child turns eighteen — unless the child is attending high school, in which case support continues until the child turns nineteen or graduates high school. Either parent can request child support from the other as part of various civil actions including a dissolution of marriage (divorce), legal separation, and declaration of invalidity.

When parties pursue child support, either temporary or permanent, through litigat-
ion, a judge will likely use the mathematical formula derived from the Illinois Statutory Guidelines (Part V of the Illinois Marriage and Dissolution of Marriage Act §505(a)) to calculate the monthly payment. The formula determines the so-called guideline support based on the non-custodial parent’s net income and the number of children for which he or she is responsible. The judge has further discretion to deviate from the calculated amount by reference to factors that include but are not limited to:

The financial resources and needs of the child(ren).
The financial resources and needs of the custodial parent.
Standard of living the child(ren) would have enjoyed had the marriage not been dissolved, the separation not occurred, or if the parties had married.
The physical and emotional condition of the child(ren) and their educational needs.
The financial resources and needs of the non-custodial parent.

Parents who devise their own settlement, however, are free to set support that differs from the guideline amount in both amount and duration. The MSA must declare that the parties know their support rights under Illinois law. It will aslo indicate why the parties believe a variant amount of support is in the best interests of the child(ren). These declarations notwithstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Spousal Maintenance

Maintenance (also known as spousal support) is of two types: pre-judgment or temporary maintenance while a case is pending, and post-judgment maintenance after the settlement. Post-judgment maintenance ordinarily continues, subject to modification, for the period specified in the maintenance order. However, it automatically terminates when either one spouse dies or the recipient spouse remarries. It may also terminate upon retirement of the payor or cohabitation of the recipient spouse with a new partner.

Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own maintenance terms as part of a Marital Settlement Agreement. The MSA is then approved by the judge and incorporated into the judgment for dissolution of marriage or legal separation.

Unlike child support, both the amount and the duration of maintenance are discretionary. Judges have no obligation to order maintenance. When they do order it, they must consider the several factors as detailed in Part V of the Illinois Marriage and Dissolution of Marriage Act §504(a)(1):

The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance.
The needs of each party.
The present and future earning capacity of each party.
Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage.
The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment.
The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of both parties.
Tax consequences of the property division upon the respective economic circumstances of the parties.
Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse.
Any valid agreement of the parties.
Any other factor that the court expressly finds to be just and equitable.

Judges can set the duration of maintenance in three ways: A permanent award is for an indefinite duration (although the parties can petition the court for a modification based on an unforseen change of circumstances). Permanent awards are more common with long-term marriages in which one spouse has made significant sacrifices to her/his career — for example, to raise children — and now has significantly compromised earning capacity. Transitional maintenance awards are for a fixed duration. Rehabilitative awards (also known as periodic or reviewable maintenance) may be of either fixed or indefinite duration. These provide time for a more dependent spouse to become financially self-sufficient.

[Divorce laws of Illinois]

Michigan law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The Michigan Compiled Laws also address the needs of a spouse who has depended on a marital relationship for financial support. Couples can approach child and spousal support through alternative approaches:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

Child Support

Child support is of two types: Temporary child support helps a more needy parent provide for the child(ren) in the interim before a case is settled. Permanent child support is payable after the settlement and continues, subject to modification, until the child turns eighteen — unless the child is attending high school, in which case support continues until the reaches the age of 19½ or graduates high school, whichever is first. Either parent can request child support from the other as part of various civil actions such as divorce, separate maintenance, and annulment.

When parties pursue child support, either temporary or permanent, through litigat-
ion, a judge must determine the amount with the aid of a mathematical formula developed by the Friend of the Court Bureau, an agency of the Michigan State Court Administrative Office. The formula, specified in the Michigan Compiled Laws §552.519, determines the so-called guideline support based on each parent’s income, amount of time spent with the children, and other factors such as obligations of support from a prior relationship. In a litigated case, a judge will seldom depart from the guideline amount.

Parents who devise their own settlement, however, are free to set support that differs from the guideline. The MSA must declare that the parties know their rights under Michigan law as well as the reason for a variance from the guideline amount. This declaration notwithstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation — a safeguard to help ensure the parents don’t agree to terms inadequate for the child(ren)’s needs.

Regardless of how child support is set, the amount is generally modifiable every two years or any time a parent can show a material change in circumstances. Moreover, if the parties agree to set child support at an amount lower than the guideline amount, the recipient parent can request that the court increase support to the guideline amount without need to show a change in circumstances.

Spousal Support

Spousal support is of two types: temporary support in the interim before a case is settled, and post-judgment support after the settlement. Post-judgment spousal support may be “rehabilitative” (i.e. short-term payments to help the recipient spouse achieve financial self-sufficiency), or permanent (typically lasting until death, remarriage, cohabitation of the recipient spouse, or further order of the court).

When specified in an MSA, spousal support is ordinarily modifiable with change of circumstances. However, by mutual consent, it can be specified as binding (non-modifiable).

Unlike child support, both the amount and the duration of spousal support are discretionary when set by a judge. Indeed, judges have no obligation to order spousal support and may be unlikely to do so for short-term marriages. When asked to order spousal support, a judge should assess the case on its own merits without reference to any type of formula regarding amount or duration of support. (That said, unofficial spousal support guidelines are available to Michigan judges.) Specifically, the judge will consider the following factors:

Past relations and conduct of the parties (including, for example, issues of fault such as infidelity).
Length of the marriage.
The parties’ ability to work.
The source and amount of any property awarded to the parties (especially with respect to income generation from assets).
Age of the parties.
The parties’ ability to pay alimony.
The present situation of the parties.
Future needs of the parties.
The health of the parties.
The prior standard of living of the parties and whether either is responsible for the support of others.
General principles of equity, seeking to ensure that neither party is impoverished.

[Divorce laws of Michigan]

The Pennsylvania Domestic Relations statutes require that parents share responsibility for the needs of their minor children, whether natural or adopted. The statutes also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and alimony/spousal support via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Separation Agreement (MSA) for the court’s approval.

Child Support

Either parent can request child support from the other as part of various actions including divorce and custody. When a parent pursues child support through litigation, a judge will ordinarily rely upon the state’s so-called guideline formula to calculate the support amount.

The full determination will include an assessment of the non-custodial parent’s ability to pay as well as the earning capacity of the custodial parent, the age and needs of the children, and other factors such as a parent’s obligation to pay support for a child from another relationship. Additional costs may be included in the final support order to provide for expenses such as child care and out-of-pocket medical expenses, usually assessed in proportion to the parents’ respective net incomes.

Child support usually continues until the child turns eighteen or graduates high school, whichever occurs later. That said, the court does have discretion, albeit rarely exercised, to order a parent to pay for a child’s college expenses as child support. Either parent may petition the court to modify the amount of support with signficant change in circumstances. These might include a drop in income or a change in needs of the child. Modified orders are not retroactive.

Parents who devise their own settlement may agree to child support that exceeds the guideline amount. (Lesser amounts may also occasionally be agreed if the parents can demonstrate that such is in the best interests of the child.) In doing so, their Marital Separation Agreement (MSA) will specify the agreed amount and declare that the parties know their rights to guideline support under Pennsylvania law.

Alimony and Spousal Support

Pennsylvania’s Divorce Code distinguishes three broad categories of support for spouses: spousal support, alimony pendente lite (literally, alimony pending litigation), and alimony. Spouses can pursue all through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can agree your own terms in a settlement agreement.

Spousal support, awarded prior to the commencement of a divorce action, may be payable to a spouse who has separated from his/her wife/husband. The other spouse may challenge a claim to spousal support on grounds such as the claimant’s infidelity, abandonment, or cruelty during the marriage. Alimony pendente lite (APL), in contrast, may be awarded only after a divorce action has commenced. It is not generally subject to challenge.

Both spousal support and APL are determined by the same mandatory formula. When there are no minor children, the order will be the calculation of 40% of the difference between the payer’s and the recipient’s net monthly income. When the spouses have minor children, the income differential is first reduced by the amount of any child support then multiplied by 30%.

Alimony is quite different from spousal support and APL. It applies post-judgment — that is, as part of the final divorce settlement. Another distinction is that alimony is determined on a case-by-case basis rather than calculated by formula. Indeed, when contested, a judge will set both the amount and the duration of alimony by reference to several mostly qualitative factors in the Pennsylvania Divorce Code. Judges have no obligation to order alimony. When ordered, it may be permanent, periodic, rehabilitative, or reimbursement alimony.

Permanent alimony is indefinite and typically applicable to a spouse who is unemployable due to age, disability, or lack of education and experience. Periodic alimony, usually for a shorter term, support a spouse who has unmet needs. Rehabilitative alimony compensates a spouse who sacrificed his/her education or career for the benefit of the other spouse or the family, providing support while he/she returns to school or rebuilds a career. Lastly, reimbursement alimony compensates a dependent spouse who supported the family while the other spouse earned a professional qualification or built a business.

Among factors that a judge must consider when determining alimony are:

The relative earning capacity, education, and employability of both parties.
Each party’s age, health, and mental/emotional condition.
The assets, liabilities, sources of income, and needs of both parties.
The effect of any child custody arrangements on either spouse.
The length of the marriage, and the factors contributing to its downfall.
Marital misconduct on behalf of either party during the marriage.
The standard of living of the parties established during the marriage.
The contribution of a spouse as homemaker.
Whether the spouse seeking alimony lacks sufficient property from the property settlement.

Couples who choose mediation over litigation decide for themselves the terms, if any, of spousal support, APL, and alimony. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing these issues.

[Divorce laws of Pennsylvania]

Ohio requires that parents share responsibility for the needs of their minor child-
ren, whether natural or adopted. The state’s Domestic Relations statutes — specifically, §3105.18 of the Revised Code — also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and spousal support via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of a dissolution of marriage, divorce, and legal separation among other actions. Once ordered, child support ordinarily continues, subject to modification, until the child turns eighteen — unless the child is still attending high school, in which case support continues until the child turns nineteen or graduates high school, whichever occurs first.

When child support is pursued through litigation, a judge must use the Ohio guideline child support formula as a basis for setting support unless exceptional circumstances prevail. (Among such circumstances are situations in which the parents’ combined annual income is either less than $6600 or greater than $150,000.) This formula apportions support according to the parents’ respective incomes, applying either actual income or imputed (potential) income, respective tax situations, and time-sharing of any children in cases of shared or split custody.

Whereas Ohio’s domestic relations statutes don’t permit parents to waive a child’s right to support, parents who devise their own settlement may have some freedom to agree support that differs from the guideline amount. In so doing, the MSA must declare that the parties know their rights under Ohio’s guidelines and believe the support amount to be in the best interests of the children. These declarations notwithstanding, a judge will always review a proposed MSA before issuing orders to that effect. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Regardless of how child support is set, the amount is modifiable if a parent can show a significant change in circumstances. Moreover, if the parties agree to child support at an amount lower than the guideline amount, the recipient parent can request that the court increase support to the guideline amount at any time. A parent may also request the county Child Support Enforcement Agency to conduct an administrative review of an existing child support order.

Spousal Support

Spousal support in Ohio may be temporary (i.e. while a divorce action is pending settlement, sometimes then known as temporary alimony or spousal support pendente lite) or permanent (i.e. post-settlement and so-called regardless of the actual duration of the support). Spouses may contest either type of spousal support through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own support terms, if any, as part of a Marital Settlement Agreement.

Unlike child support and unlike many states, Ohio provides no guideline formula for determining either temporary or permanent spousal support. When setting temporary spousal support, the court must use its judicial discretion, taking into consideration the needs of the spouse seeking support and the ability of the other spouse to pay support. The court will also consider the parties’ standard of living immediately prior to separation or at the beginning of the marital discord.

Both the amount and the duration of permanent spousal support set by a judge are also discretionary. The judge’s order is made by reference to fourteen factors:

The income of the parties from all sources, including income derived from property division in their divorce proceeding.
The relative earning abilities of the parties.
The ages and the physical, mental, and emotional conditions of the parties.
The retirement benefits of the parties.
The duration of the marriage.
The extent to which it would be inappropriate for a party, because he/she will be custodian of children of the marriage, to seek employment outside the home.
The standard of living of the parties during the marriage.
The relative extent of education of the parties.
The relative assets and liabilities of the parties, including, but not limited to any court-ordered payments by the parties.
The contribution of each party to the education, training, or earning ability of the other party.
The time and expense necessary for the spouse who is seeking support to acquire education, training, or job experience so that the spouse will be qualified to obtain employment provided the education, training, or job experience, and employment is, in fact, sought.
The tax consequences, for each party, of an award of spousal support.
The lost income production capacity of either party that resulted from that party’s marital responsibilities.
Any other fact that the court expressly finds to be relevant and equitable.

Judges have no obligation to order spousal support. When they do order it, they may set support that is indefinite (less common) or of fixed duration (more common). The court may also order support for a specified duration time and reserve jurisdiction of the support issue so it can continually review the situation and thereby determine whether support should continue past the predetermined interval, undergo modification, or terminate. In any case, spousal support ends if either spouse dies or if the recipient spouse remarries. In some instances, it may also terminate if the recipient cohabits with a new partner.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Ohio]

Massachusetts law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. Chapter 208 of the General Laws of Massachusetts also addresses the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and alimony (sometimes known as spousal support) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Separation Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of a contested divorce litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other, though it is more likely to be awarded to the parent with whom the child(ren) live or spend most of their time. When parties pursue child support through litigation, a judge must use the Massachusetts Child Support Guidelines as the basis for setting support. The Guidelines consider several factors including (i) the income of each parent (actual income, or potential earnings if the court believes that a parent is not making a reasonable effort to earn more), (ii) the number and age of the children, (iii) child-care costs and the child’s health insurance coverage, (iv) time spent with the child by each parent in shared custody cases, and (v) any extraordinary expenses such as the parent’ travel for visitation.

Judges seldom deviate significantly from the guideline amount. Couples who devise their own settlement, however, are free to settle on an amount of child support that differs from the guideline amount. In doing so, their Marital Separation Agreement will specify the amount and declare the reasons if the deviation is more than 5% of the guideline amount. These declarations notwithstanding, a judge will always review a proposed MSA before signing a decree of dissolution or legal separation. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Regardless of how child support is set, the amount is modifiable. A parents may request a modification after the elapse of three years from a prior order or any time after a substantial change in circumstances has occurred. (Such circumstances would include a significant change in either parent’s income, a change in custody, or significant changes to the family’ health insurance coverage.)

Child support is ordinarily payable, subject to modification, until the child turns eighteen or graduates high school. However, Massachusetts courts can order child support to continue until a child attains the age of twenty-three if still a full-time student. Moreover, if the child no longer resides with the parent who had been receiving child support, of if the child has either married or joined the military, child support would normally terminate.

Alimony

Alimony is of two types: temporary alimony in the interim before a case is settled, and permanent alimony after the settlement. Whereas a court may order indefinite “life-time” alimony for a long-term marriage (i.e. more than 20 years), judges typically favor rehabilitative alimony i.e. shorter-term alimony for the purpose of helping a spouse who was more dependent on the marriage become self-sufficient. Alimony continues, subject to modification, for the period specified in a court order or separation agreement. It automatically terminates when the recipient spouse dies or the recipient spouse remarries.

Massachusetts alimony law and the ensuing orders awarded therefrom have been much criticized as antiquated, inconsistent, and unfair. In this light, pressure remains for reform of the divorce code, and spouses should seek counsel on any pending or recent changes in alimony law.

When spouses contest alimony through litigation, they allow a judge to decide the amount payable, to whom, and for what duration. In setting (or denying) a request for alimony, judges must consider the factors detailed in §34 of Chapter 28 (Massachusetts General Laws):

The length of the marriage.
The conduct of the parties during the marriage (if the grounds for divorce are fault-based).
The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of the spouses.
The opportunity of each spouse for further acquisition of capital assets and income.
The present and future needs of any dependent children of the marriage.
The contribution of each spouse to the acquisition, preservation, or appreciation in value of any property, including the contribution of each spouse as homemaker.
The contribution of each spouse as a homemaker to the family unit.
The availability of health insurance coverage that either spouse may extend to the other.

Couples who choose mediation over litigation decide for themselves the terms of alimony in their Marital Separation Agreement. Altogether different from the posturing and aggressive offers and counters that characterize litigation contest, mediation allows you to consider the factors that are important to you when addressing alimony — or, indeed, whether to include it at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as:
Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Massachusetts]

Georgia requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The state’s Domestic Relations statutes (Title 19 of the Offical Code of Georgia) also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and alimony via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of a divorce, separate maintenance, determination of paternity, and other actions. Once ordered, child support ordinarily continues, subject to modification, until the child turns eighteen — unless the child is still attending high school, in which case support may continue until the child turns twenty or graduates high school, whichever occurs first.

Georgia imposes no obligation on parents to support a child in college or post-graduate studies. However, parents can agree to enter into settlements for such extended child support (for example, as recorded in a Marital Settlement Agreement), and such agreements are then enforceable in court.

When child support is pursued through litigation, a judge must use the Georgia Child Support Guidelines as a basis for setting support unless exceptional circumstances prevail. This formula apportions support according to both parents’ income and the number of children to be supported. It also considers particular cost burdens on the parents such as the costs of providing health insurance for the children and child-care that allows a parent to work as well as taxes and pre-existing support orders pertaining to children from other relationships.

Judges typically adhere to the amount recommended by the Guidelines. They can, however, make further adjustments in consideration of discretionary factors including:

Ages of the children.
Parenting time of the non-custodial parent.
Extraordinary medical costs or needs of a child.
Educational costs.
Imputed income of a parent who is not working to reasonable capacity.
Other support a parent is providing, such as payment of a mortgage.
A parent’s extraordinary needs.
Extraordinary travel expenses.

Parents who devise their own settlement may have some freedom to agree support that differs from the guideline amount. However, a judge will always review a proposed settlement before issuing orders to that effect. This safeguard helps ensure that parents don’t agree to terms inadequate to the needs of their children.

Regardless of how child support is set, the amount is modifiable with a significant change in circumstances — for example, a change in income of either parent or a change in the custody schedule.

Alimony

Alimony (sometimes known as spousal support) may be temporary (i.e. while a divorce action is pending settlement) or permanent (i.e. post-settlement and so-called regardless of the actual duration of the support). Spouses may contest alimony through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own alimony terms, if any, as part of a Marital Settlement Agreement.

Unlike child support, Georgia provides no guideline formula for determining either temporary or permanent alimony. When setting alimony, the court must use its judicial discretion, taking into consideration the needs of the spouse seeking support and the ability of the other spouse to pay support. Alimony may be awarded either as monthly payments or from a distribution of the marital property. In either case, the judge must consider the following factors:

The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of both parties.
The financial resources of each party.
Where applicable, the time necessary for either party to acquire sufficient education or training to find appropriate employment.
The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.
Such other relevant factors as the court deems equitable and proper.

Awards of alimony in Georgia are typically less common and less extensive than in many other states, and judges have no obligation to order alimony. When they do order it, they may set alimony that is indefinite or rehabilitative. The former is rarely awarded, except where one spouse is unable to support him/herself, perhaps for reasons of ill-health. Rehabilitative alimony is typically of fixed and shorter-term duration (perhaps one-quarter to one-third of the length of the marriage) and helps a more dependent spouse to become self-supporting, perhaps by going back to school to retrain for a new career.

Although every case is unique, alimony in Georgia is generally more common in marriages of more than ten years duration. In any case, alimony ends if either spouse dies or if the recipient spouse remarries. Also of note, Georgia disallows any award of alimony to a spouse who is determined to be the cause of the divorce on the grounds of either or desertion. (The other spouse may indeed win an award for alimony in such circumstances.)

Couples who choose mediation over litigation decide for themselves the terms, if any, of alimony in their Marital Settlement Agreement. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing alimony — or, indeed, whether to include it at all.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Georgia]

North Carolina requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The state’s General Statutes — specifically, §16.3A — also address the needs of a spouse who is more dependent on the marital relationship for financial support. Couples can approach child support and spousal support via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Separation Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of a divorce or action for child support. Once ordered, child support ordinarily continues, subject to modification, until the child turns eighteen — unless the child is still attending high school, in which case the judge has discretion to order its continuation until the child graduates or turns twenty years of age, whichever occurs first. The amount of child support is modifiable whenever a parent can show a significant change in circumstances.

North Carolina imposes no obligation on parents to support a child through college or post-graduate studies. However, parents can agree to enter into settlements for such extended child support (for example, as recorded in a Marital Separation Agreement), and such agreements are then enforceable in court.

When child support is pursued through litigation, a judge must use the North Carolina guideline child support formula as a basis for setting support unless exceptional circumstances prevail. This formula apportions support according to the combined gross income of the parents (applying either actual income or imputed income), the parents’ respective tax situations, the number of children, and the parents’ time-sharing in cases of shared or split custody.

Adjustments are then made to account for a parent’s child support obligations from other relationships, payment of health insurance premiums, child-care costs incurred so that a parent can work, and other extraordinary costs — for example, a child’s education expenses, out-of-pocket medical expenses, and transportation to visit with the child.

Parents who devise their own settlement have some freedom to agree support that differs from the guideline amount if they believe their agreement to be in the best interests of the children. That said, a judge will review a proposed settlement before issuing orders to that effect. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their children.

Alimony

Alimony in North Carolina may be post-separation or permanent. Post-separation alimony is temporary support to the more dependent spouse payable in the interval between the date of separation and a final award of alimony as part of the divorce settlement. Permanent alimony may be in the form of a series of periodic (typically monthly) payments, a one-time lump sum, or a transfer of property from one spouse to the other.

When periodic, permanent alimony may be for either a fixed term or an indefinite term. When indefinite, alimony is normally modifiable by a judge’s order at some future time upon request. It is rarely an obligation to support an ex-spouse for the rest of that spouse’s life.

Spouses may contest post-separation and permanent alimony through litigation, allowing a judge to decide the issue. In so doing, the judge will assess the income and expenses of both spouses and the standard of living maintained during the marriage in addition to considering acts of marital misconduct (for example, infidelity, reckless speding, or substance abuse) on or before the date of separation.

Unlike child support, North Carolina provides no guideline formula for determining either post-separation or permanent alimony. In the absence of such, a judge court must use his/her discretion in reference to several factors enumerated in Chapter 50 §16.3A of the General Statutes:

The marital misconduct (as determined by judge or jury) of either spouse.
The relative earnings and earning capacities of the spouses.
The ages and the physical, mental, and emotional conditions of the spouses.
The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others.
The duration of the marriage.
The contribution by one spouse to the education, training, or increased earning power of the other spouse.
The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by serving as the custodian of a minor child.
The standard of living of the spouses established during the marriage.
The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs.
The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including support obligations.
The property brought to the marriage by either spouse.
The contribution of a spouse as homemaker.
The relative needs of the spouses.
The federal, state, and local tax ramifications of the alimony award.
Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property.

Judges have no obligation to order alimony and will likely deny any claim thereto if the dependent spouse engaged in an act of illicit sexual behavior prior to the separation and the supporting spouse did not. (However, the court may rule that the behavior was forgiven and issue an alimony award if marital or sexual relations resumed after the illicit behavior.) In any case, alimony ends if either spouse dies or the recipient remarries or cohabits with a person of the same or opposite sex in a marital-type relationship.

Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, you can specify your own alimony terms as part of a mediated Marital Separation Agreement. Mediation allows you to consider the factors that are important to you and neglect the ones that aren’t when addressing alimony — or, indeed, whether to include alimony at all.

To this end, the mediator guides an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of North Carolina]

Virginia law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. Title 20 §91 of the Code of Virginia also addresses the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and maintenance (sometimes known as alimony or spousal support) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Separation Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Child support may terminate sooner if the child enters into a valid marriage, is on active duty in the armed forces, or has willingly lived separate and apart from his/ her parents or guardian with the their consent and is capable of supporting him/ herself. Support may also continue past the age of eighteen if the child is a full-time high school student who lives with the parent who receives child support. The amount of support ordered by the court is modifiable on request of either parent with a material change in circumstances — for example, an increase or decrease in either parent’s income.

Virginia imposes no obligation on parents to support a child through college or post-graduate studies. However, parents can agree to enter into settlements for such extended child support (for example, as recorded in a Separation Agree-
ment), and such agreements are then enforceable in court.

When child support is pursued through litigation, Title 20 §108.1 of the Virginia Code directs a judge to use the Virginia guideline child support formula (§108.2) as a basis for setting support unless exceptional circumstances prevail. This formula apportions support according to the combined gross income of the parents (applying either actual income or imputed income), the parents’ respective tax situations, the number of children, and the parents’ time-sharing in cases of shared or split custody.

Spousal Maintenance

Maintenance is of two types: temporary maintenance in the interim before a case is settled, and permanent maintenance after the settlement. Permanent mainten-
ance ordinarily continues, subject to modification, for the period specified in the court order. However, it automatically terminates when either spouse dies or the recipient spouse remarries.

Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own maintenance terms as part of a Separation Agreement. Both the amount and the duration of maintenance set by a judge are discretionary, and judges have no obligation to order it. Permanent maintenance is usually set for a fixed period of time rather than for an indefinite period.

In making permanent maintenance orders, judges must consider thirteen factors detailed in the Code of Virginia. These include:

The needs and financial resources of the parties.
The standard of living established during the marriage.
The duration of the marriage.
The age and physical and mental condition of the parties and any special circumstances of the family.
The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home.
The contributions, monetary and nonmonetary, of each party to the well-being of the family.
The property interests of the parties, both real and personal, tangible and intangible.
The distribution of marital property in the property settlement.
Earning capacity and employment opportunities.
The impact of decisions regarding employment, career, economics, education, and parenting arrangements made by the parties during the marriage.
The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Virginia]

Indiana law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. Title 31, Article 15, Chapter 7 of the Indiana Code also addresses the needs of a spouse who depends on the marital relation-
ship for financial support. Couples can approach child support and maintenance (sometimes known as alimony) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of a dissolution of marriage (divorce), legal separation, or action for child support. Once ordered, child support ordinarily continues until the child turns twenty-one years of age. However, it may cease sooner — as early as the child’s eighteenth birthday if the child hasn’t attended a secondary or post-secondary school for the prior four months. It may also terminate sooner if the child marries, is emancipated by court order, or enlists in the U.S. armed forces.

A parent can request modification of an existing support order on ground that a substantial change in circumstances has rendered the amount unreasonable. Another ground for modification is that the amount exceeds the Indiana Guideline amount (see below) by more than 20% and has been likewise excessive for at least the past twelve months.

When child support is pursued through litigation, a judge must use the Indiana Child Support Gidelines — a child support formula — as the basis for setting support unless exceptional circumstances render the indicated amount unjust. This formula apportions support according to the combined gross income of the parents (applying either actual income or imputed income), the parents’ respective tax situations, the number of children, and the parents’ time-sharing in cases of shared or split custody.

Adjustments are then made to account for a parent’s child support obligations from other relationships, payment of health insurance premiums, child-care costs incurred so that a parent can work, and potentially other costs — for example, a child’s college expenses, out-of-pocket medical expenses, and transportation to visit with the child.

Spousal Maintenance

Maintenance is of two types: temporary maintenance in order to help a more dependent spouse maintain the standard of living enjoyed during the marriage in the interim period before the divorce or legal separation case is settled; and permanent maintenance after the settlement.

In contrast to many states, the Indiana statutes provide relatively few provisions for an extensive award of permanent maintenance. According to Title 31, Article 15, Chapter 7, §2 of the Indiana Code, a spouse can only qualify for maintenance if (i) the spouse is physically or mentally incapacitated, (ii) the spouse lacks sufficient property and must look after a child from the relationship, or (iii) the spouse’s education, training, or employment was interrupted for homemaking or child-care responsibilities with consideration to that spouse’s earning capacity and the time and expense of improving his/her earning capacity. (Maintenance in the case of this latter ground is known as rehabilitative maintenance.)

Maintenance awards are for no longer than a judge deems necessary, and in the case of rehabilitative maintenance are limited to a maximum of three years from the date of the decree. The award is also subject to modification upon request of either party with change of circumstances that render the existing award unreason-
able. Maintenance orders automatically terminate when either spouse dies or the recipient spouse remarries.

Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, couples who choose mediation over litigation decide for themselves the maintenance terms. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing maintenance — or, indeed, whether to include it at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Indiana]

Tennessee law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. Title 36 (Domestic Relations), Chapter 5, §121 of the Tennessee Code meanwhile addresses the needs of a spouse who has depended on a marital relationship for financial support (alimony). Couples can approach child support and alimony through alternative approaches:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Dissolution Agreement for the court’s approval.

Child Support

Child support is payable, subject to modification, until the child turns eighteen — or may continue past that age if the child remains in high school. Either parent can request child support from the other as part of various civil actions including a divorce, legal separation, and child custody.

When parties pursue child support through litigation, a judge must use the Guideline Support formula of Tennessee to determine the payment. The amount is based primarily on the parents’ combined gross income (actual or imputed) and secondarily on the amount of time each parent spends with the children. (Other factors such as obligations of support from a prior relationships and special needs of the children are also considered.)

After determining a basic support amount, the judge will typically adjust for factors such as child-care costs that allow a parent to work, a child’s extra-curricular activities, and school expenses (which may include private school fees).

In a litigated case, a judge will seldom depart from this guideline support. But parents who devise their own settlement are free to stipulate an amount of support that deviates from the guideline amount in both amount and duration. In so doing, the Marital Dissolution Agreement or parenting plan should declare why the parties believe the support amount is in the best interests of the child(ren). This declaration notwithstanding, a judge (or tribunal) will always review a proposed settlement before signing issuing orders to that effect. This safeguard helps ensure that parents don’t agree to terms inadequate to meet the needs of their child(ren).

Alimony

Alimony comprises two broad classes: post-judgment (i.e. payable once the divorce terms have been settled), and pre-judgment (also know as alimony pendente lite, a temporary support award pending settlement of the divorce terms). Post-judgment alimony itself divides into four categories: rehabilitative, periodic (also known as alimony in solido), transitional, and lump-sum alimony (also known as alimony in futuro).

Rehabilitative alimony provides (usually temporary) support to the more economic-
ally disadvantaged spouse so that he/she can, “with reasonable effort, [achieve] an earning capacity that will permit [his/her] standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.” [Title 36, Chapter 5, §121] When rehabilitation as conceived in this way is not feasible, the court can order rehabilitative alimony on a long-term or indefinite basis, to continue until death of either spouse or remarriage of the supported spouse.

Periodic alimony may be awarded in addition to — or instead of — rehabilitative alimony. Whereas its duration is typically indefinite, the amount is subject to ongoing court modification with any substantial change of circumstance — for example, a loss of income by the supporting spouse or the cohabitation of the recipient with a new partner. Like rehabilitative alimony, periodic alimony automatically terminates upon the death or remarriage of the recipient. It may, however, continue after the death of the supporting spouse if so agreed between the spouses or ordered by the court.

If rehabilitation is not appropriate, the court can order transitional alimony, typically for a shorter and fixed duration. The amount of transitional alimony is itself fixed and is usually subject to modification only in situations such as cohabitation, unless otherwise agreed by the spouses. It terminates upon the death or remarriage of the recipient, and also upon the death of the supporting spouse unless agreed otherwise by the spouses.

Lump-sum alimony is a form of long-term support. It is of a fixed amount that may be payable either in one lump sum or over multiple installments. It may be ordered to compensate a spouse for, among other things, attorney fees expended on a divorce or legal separation. Unless agreed by the spouses, the amount of lump-sum alimony is not modifiable, and it does not terminate on the death or remarriage ot either spouse.

Spouses can contest alimony through litigation, allowing a judge to decide the type, amount, and duration. Alternatively, you can specify your own alimony terms as part of a Marital Dissolution Agreement. The agreement is then approved by the judge and incorporated into the judgment for divorce or legal separation.

Unlike child support, the amount and the duration of alimony are discretionary and are not set by formula. Judges have no obligation to order it, and when they do, they must consider the several factors in the Tennessee Code:

The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources.
The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earnings capacity.
The duration of the marriage.
The age and mental condition of each party.
The physical condition of each party.
The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage.
The separate assets of each party, both real and personal, tangible and intangible.
Division of the marital property.
The standard of living of the parties established during the marriage.
The extent to which each party has made such contributions to the marriage as monetary and homemaker contributions, and contributions to the education, training, or increased earning power of the other party.
The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so.
Other consideration of equity, including the tax consequences to each party.

In addition to ordering alimony by reference to the above considerations, the court may also direct a party to pay some or all of the health insurance premiums of the other party for such duration as the court deems appropriate.

Couples who choose mediation over litigation decide for themselves the terms, if any, of alimony in their Marital Dissolution Agreement. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing alimony.

[Divorce laws of Tennessee]

Missour law requires that parents share responsibility for the needs of their minor children, whether natural or adopted. Chapter 452 of the Missouri Revised Statutes also addresses the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and spousal maintenance (sometimes known as alimony or spousal support) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support as part of a dissolution of marriage, legal separation, or action for child support. Except in special circumstances, it is pay-
able, subject to modification, until the child turns eighteen — unless the child is attending high school, in which case support continues until the child turns twenty-one or graduates high school, whichever is first. Child support ends if a child marries, dies, becomes self-supporting, or enlists in active military duty.

Missouri imposes no obligation on parents to support a child through college or post-graduate studies. However, parents can agree to enter into settlements for such extended child support (for example, as recorded in a Marital Settlement Agreement), and such agreements are then enforceable in court.

When child support is pursued through litigation, Chapter 452 §340 of the Missouri Revised Statutes directs a judge to use the Missouri Supreme Court’ Rule 88 — in essence, a formula for calculating child support. A judge must use the so-called guideline amount as a basis for setting support unless to do so would be unjust.

The formula apportions support according to the combined gross income of the parents (applying either actual income or imputed income), the number of children, the children’s educational expenses, the costs of health insurance, day-care costs so a parent can work, and other special needs of the children.

The amount of support ordered by the court is modifiable on request of either parent with a material change in circumstances — for example, a change in custody or a drop in either parent’s income — that would increase or decrease the calculated guideline amount by at least 15% of its current value.

Spousal Maintenance

Maintenance is of two types: temporary maintenance in the interim before a case is settled, and post-judgment maintenance as part of the final settlement. When post-judgment maintenance is ordered, its duration may be either indefinite or of a fixed term. The amount, meanwhile, may be either modifiable or fixed throughout the term. Post-judgment maintenance ordinarily continues for the duration stated in the order but automatically terminates when either spouse dies or the recipient spouse remarries.

The court has wide discretion when setting temporary and post-judgment maint-
enance, and judges have no obligation to order it. Indeed, the statutes permit an award only if the spouse seeking maintenance (i) lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment, or (ii) is the custodian of a child whose condition or circumstances makes it appropriate that the custodian not seek employment outside the home. Furthermore, in making maintenance awards, Chapter 452 §335 of the Revised Statutes directs judges to consider several factors:

The financial resources of the party seeking maintenance, including marital property apportioned to him/her, and his/her ability to meet his/her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian.
The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment.
The comparative earning capacity of each spouse.
The standard of living established during the marriage.
The obligations and assets, including the marital property apportioned to him and the separate property of each party.
The duration of the marriage.
The age and the physical and emotional condition of the spouse seeking maintenance.
The ability of the spouse from whom maintenance is sought to meet his/her needs while meeting those of the spouse seeking maintenance.
The conduct of the parties during the marriage.
Any other relevant factors.

Spouses can contest maintenance through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own maintenance terms as part of a Marital Settlement Agreement. Altogether different from the posturing and aggressive offers and counters that characterize a litigated contest, mediation allows you to consider the factors that are important to you when addressing maintenance — or, indeed, whether to include it at all in your agreement.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Missouri]

Maryland requires that parents share responsibility for the needs of their minor children, whether natural or adopted. The state’s Family Law statutes (Title 11) also address the needs of a spouse who depends on a marital relationship for financial support. Couples can approach child support and alimony via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Either parent can request child support from the other as part of an absolute or limited divorce, petition for custody, or separate action for child support. Once ordered, child support ordinarily continues, subject to modification, until the child turns eighteen. It may however extend past that age if the child has extraordinary needs or if the parents had entered into a settlement for a longer duration and the supporting parent has sufficient financial means to maintain payments.

When child support is pursued through litigation, a judge must use the Maryland guideline child support formula as a basis for setting support unless exceptional circumstances prevail. (Among such circumstances are situations in which the parents’ combined monthly income is greater than $10,000.) More precisely, the Maryland guideline specifies two different formulas — one for situations in which a parent is awarded primary physical custody, and another for situations in which the parents share joint physical custody.

This guideline apportions support according to the parents’ respective incomes (including any alimony and applying either actual income or earning capacity), respective tax situations, number of children, time-sharing of children in cases of shared custody (i.e. when a child spends at least 128 nights or 35% of the time in the care of the non-custodial parent), obligations to support children from another relationship, and other factors.

A child support order can also require a parent to name children as beneficiaries on life insurance and health insurance policies. In addition, it may provide additional support beyond the basic obligation for extra costs such as child care (to allow a parent to work), school, uninsured medical costs, and visitation travel expenses.

Regardless of how child support is set, the amount is modifiable if a change in circumstances (for example, a revised custody schedule or a change in one parent’s income) is material — generally, a change that would either increase or decrease child support by at least 25% when calculated via the appropriate guideline formula.

Alimony

Alimony may be temporary (so-called alimony pendente lite) or permanent. Temp-
orary alimony may be ordered on the request of either spouse while a divorce action is pending settlement. Permanent or post-judgment alimony may be order-
ed as part of the final settlement, and it may be either indefinite or rehabilitative.

Of the two types of post-judgment alimony, the courts generally favor rehabilitative alimony — that is, limited duration alimony to help the more dependent spouse transition to financial independence. Indeed, indefinite alimony is awarded in rare circumstance only such as when one spouse is unable to support him/herself due to age, ill-health, or disability.

Spouses may contest alimony through litigation, allowing a judge to decide the amount payable, to whom, and for what duration. Alternatively, you can specify your own alimony terms, if any, as part of a Marital Settlement Agreement, including amount, duration, and conditions for modification.

Unlike child support, Maryland provides no guideline formula for determining either temporary or permanent alimony. When setting alimony, the court must use its judicial discretion in determining a fair and equitable award with reference to several factors in Title 11 §106 including:

The ability of the party seeking alimony to be wholly or partly self-supporting.
The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment.
The standard of living that the parties established during their marriage.
Duration of the marriage.
The contributions of each party to the well-being of the family.
The circumstances that contributed to the estrangement of the parties.
The age and physical and mental condition of each party.
The ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony.
Any agreement between the parties.
The financial needs and resources of each party.

A judge can modify an existing alimony order upon request of either spouse if the judge finds the modification to be in the interests of equity unless the parties had entered into a settlement agreement that denies the court jurisdiction to modify alimony. Alimony ends upon order of the court. It will also end automatically if either spouse dies or if the recipient spouse remarries.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of Maryland]

Title 16, Chapter 9, §916 of the District of Columbia Official Code requires that parents share responsibility for the needs of their minor children, whether natural or adopted. §913 meanwhile addresses the needs of a spouse (or domestic partner) who has depended on the marital relationship (or domestic partnership) for financial support. Couples can approach child support and alimony (sometimes known as spousal support) via alternative paths:

1. They can pursue litigation, each retaining attorneys to contest the case and represent them in court. Ultimately, a judge may decide the outcome.

2. They can devise their own settlement terms, each consulting attorneys if desired. The resulting settlement is filed as a Marital Settlement Agreement (MSA) for the court’s approval.

New Resolution mediators help couples achieve their own settlement terms. Our clients want to retain control of their divorce or separation. They want to avoid the enormous emotional and financial costs of litigation. And they want to protect their children from the often-traumatic experience of divorce litigation. They’re also attracted to the speed, convenience, and privacy of mediation. At the same time, they know that the option of litigation remains if they’re unable to reach a mediated settlement.

Child Support

Child support is of two types: Temporary (pendente lite) child support helps one parent provide for the child(ren) in the interim before a case is settled. Permanent child support is payable after the settlement and continues, subject to modification, until the child turns twenty-one — unless the child marries, enlists with the armed services, or becomes self-supporting, in which case support will end earlier. Either parent can request child support from the other as part of various actions including a divorce, legal separation, and proceedings for child support.

When parties pursue child support, either temporary or permanent, through litigation, a judge must use a formula to calculate support consistent with the reasonable needs of the children and the ability of parents to pay. The formula determines the so-called Guideline Support based on several factors including:

The incomes of both parents.
The number and ages of the children.
The custodial parent’s child care expenses.
The non-custodial parent’s medical insurance expenses for the child(ren).
Support orders for children of other relationships.
The number and ages of biological and adopted children living in the non-custodial parent»s home.

In a litigated case, a judge will seldom depart from this guideline amount. Parents who devise their own settlement, however, are free to settle on an amount of child support that differs from the guideline amount.

Regardless of how child support is set, the amount is modifiable any time a parent can show the court that a substantial and material change in circumstances has occurred. This generally means a change that would increase or decrease support by at least 15% from its current amount. Typical changes that may occasion a modification are one parent’s retirement or loss of a job or a new custody schedule.

Alimony

Alimony is of two types: temporary (pendente lite) alimony in the interim before a case is settled, and permanent alimony after the judgment. Permanent alimony ordinarily continues, subject to modification with change of circumstances, for the period specified in the court order. However, it automatically terminates when either spouse dies. Unlike in most states, it may continue after the recipient spouse remarries (or cohabits) unless the court order of Marital Settlement Agreement specifies otherwise.

When spouses contest alimony through litigation, both the amount and the duration of alimony set by a judge are discretionary, and judges have no obligation to order alimony. When ordered, alimony may be rehabilitative (that is, for a limited period of time) or indefinite. Indefinite alimony is generally less common except in cases of long-term marriages (more than 20 years) and/or situations where a sizable disparity exists in the spouses’ incomes. Judges must consider a number of factors detailed in Chapter 16, §913 when setting alimony. These include:

The ability of the party seeking alimony to be wholly or partly self-supporting.
The time necessary for the party seeking alimony to gain sufficient education or training to secure suitable employment.
The standard of living established during the marriage (or domestic partnership), but giving consideration to need of now maintaining two households.
The duration of the marriage (or domestic partnership).
The circumstances that contributed to the estrangement of the parties.
The parties’s ages, physical condition, and mental health.
The ability of the party from whom alimony is sought to meet his or her needs while meeting the needs of the other party.
The financial needs and financial resources of each party.

To this end, the mediator can guide an open exchange with questions such as: Do you believe that one of you is now dependent on the marital relationship for financial support? Do you want to create a plan to allow the more dependent spouse a greater degree of self-sufficiency? How will you share responsibility for helping the more dependent spouse become self-sufficient? How long might be necessary before the more dependent spouse becomes self-sufficient?

[Divorce laws of the District of Columbia]