As part of any divorce 101 for women course, a general outline of family support, and more notably, how this amount is determined, is relevant. For starters, family support for a woman would be any support or alimony payment made in a regular manner, which occurs during or following the dissolution of a marriage. This may include during periods of legal separation as well. In short, any family support amount paid by one spouse to another is intended to be used to support the recipient spouse, as well as any applicable dependants, most likely children. The term “family support”, which may otherwise be referred to as unallocated alimony, is distinct from other types of spousal support or child support orders, in that the payment is not legally defined as for child support or spousal support. In brief, this allows some leeway or discretion to be used by the recipient spouse as to how this money is spent.
Defining Family Support
In a common family support order, the terminology of the support order may include phrases such as “goes toward the support of wife and child”, “paid monthly for family support”, or “paid monthly in unallocated alimony”. It is notable that the family support order may not necessarily be required to be paid by a husband, and in turn, either a man or woman can receive spousal support. Determining which spouse is eligible for family support, and what amount of family support may be applicable, is determined by judges, the couples involved in the dissolution, and the legal counsel involved, often based on highly case-specific factors.
What Factors Determine Family Support Amounts
Much like other forms of spousal support, child support, and alimony, a family support amount is determined on highly case-specific factors, most notably being which parent is tasked with the primary care of dependants. Furthermore, the following factors are taken into account when ascertaining family support amounts, including:
- Age, education, health, employment, and employability of each spouse
- The current income of each spouse
- The past lifestyle or standard of living of each party during the marriage
- Aside from typical child care needs/costs, any other special considerations applicable to an individual child
- The length of the marriage
- In fault cases, the reasons for the divorce
- Other highly subject and case-specific factors
Based on this information, a collaborative effort between two spouses and their legal counsel may produce a figure that satisfies both parties. If this cannot be reached, court intervention and a judge’s ruling may establish a family support amount.
Getting Legal Help with Family Support
For woman facing the dissolution of a marriage, it is important to have legal counsel involved and representing one’s interests at every stage of a divorce case. Consult with a divorce lawyer to learn more about your legal rights to request family support payments, as well as for assistance in determining what amount of family support will be equitable or reasonable in a given case.
