It is vital to the general success of your divorce that you recognize just how monumental of a life change a divorce is going to be. It’s a significant milestone that is going to affect virtually every other aspect of the life you have built thus far, particularly when it comes to your finances. You must work as quickly as possible to untangle your finances from that of your spouse. A Wichita, KS, divorce lawyer can help you determine the difference between spousal maintenance and child support.
What Is the Difference Between Spousal Maintenance and Child Support?
Depending on the situation that your divorce presents, you may be ordered by the Kansas court to pay alimony or child support, in many cases both, to your former partner. If you and your partner were able to reach an amicable solution in an uncontested divorce, you may already have a plan in place for a child custody arrangement and alimony payments, which would certainly speed the process along. Regrettably, this may not be the case for many divorcing couples.
The primary difference between spousal maintenance and child support is who is being supported by the payments. Both payments are court-ordered financial assistance intended to provide help to the spouse who is earning significantly less in a marriage and is thus going to be left far less able to support themselves or their children in a divorce. Spousal maintenance is intended to support the spouse, while child support is intended to help a custodial parent pay for their child’s welfare and basic needs.
Spousal maintenance, also called alimony, is intended to financially support the lesser-earning spouse for a predetermined amount of time while they actively seek a change in their own situation, which can include either finding a decent-paying job for themselves or entering into a new relationship in which spousal maintenance is no longer needed. Depending on what the judge deems necessary, spousal maintenance payments could last for years or be a temporary solution.
Not every divorce is going to result in spousal maintenance. If both spouses are earning their own significant salaries and are able to keep themselves afloat without additional support, it is unlikely that a judge will order spousal maintenance payments for either spouse.
Child support, on the other hand, is a monthly payment that a noncustodial parent will pay to the custodial parent. This payment is intended to support any children by paying for their clothing, food, education, medical needs, and housing. Not every divorce is going to result in child support, particularly if the noncustodial parent’s income is too low.
Determining Spousal Maintenance Payments
In order to determine how much a higher-earning spouse will need to pay the lesser-earning spouse in spousal maintenance, the court needs to consider many different factors from both perspectives. These factors include the length of the marriage, both spouses’ earning capacities, both spouses’ employment situations, and both spouses’ ages at the time of divorce. All of this information will be instrumental in determining the amount of spousal maintenance that will be owed each month.
Depending on the exact timeframe of your divorce, your spousal maintenance payments could be deemed taxable income by the Internal Revenue Service (IRS). However, child support payments will never be taxed because child support is not considered taxable income for the parent who is receiving it.
FAQs
Q: How Long Does Spousal Maintenance Last in Kansas?
A: In Kansas, spousal maintenance payments generally cannot go on longer than 121 months, which is considered more than enough time for a lesser-earning spouse to get back on their feet. However, depending on the circumstances of the divorce and any agreements that are made, both parties can agree to a longer term of spousal maintenance. Everybody’s divorce situation is going to be different, and spousal maintenance is going to reflect multiple factors in the marriage.
Q: What Type of Action Would Stop Spousal Maintenance Payments Permanently?
A: In Kansas, there are many different types of actions that would result in the end of spousal maintenance payments. Typically, alimony payments would stop for good if the receiving spouse either remarries or dies. Sometimes, if the receiving spouse just starts living with their new partner, that might be reason enough for the court to either reduce payments or end them entirely. The same might happen if either spouse has a significant change in their financial security.
Q: How Is Child Support Calculated in Kansas?
A: Child support is calculated in Kansas using an expenditure-based formula that includes both partners’ various incomes and expenses. To determine whether the partner paying child support is paying the correct amount, the court takes into consideration the income of each parent, the basic expenses that the child will require, the amount of parenting time each parent spends with the child, any special needs, and the overall cost of childcare.
Q: Do I Need to Hire a Lawyer to Negotiate Child Support or Alimony?
A: While you do not legally need to hire a lawyer to help you negotiate child support or alimony, having a lawyer by your side throughout the negotiations couldn’t hurt. It’s likely you will already have a lawyer for your divorce, and they can help you make sure you aren’t taken advantage of by alimony or child support payments that you feel are unfair.
Hire an Experienced Divorce Lawyer Today
Getting divorced is not going to be a pleasant experience. It’s likely going to be one of the most painful events in your life, and if you aren’t careful, you could end up losing a lot more than you expected. An experienced divorce lawyer can do their part in helping you take charge of your case and avoid being taken advantage of when it comes to prolonged payments, among other things. The last thing you want is to come out of this without protecting your own interests.
The legal team at Stange Law Firm understands how difficult it can be to have to juggle spousal maintenance, child support, and other various divorce costs all at once. We can help you represent your interests, negotiate various payments, and make sure you are treated fairly. Contact us to speak to a team member about your case today.
