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Financial Considerations in Family Law: Understanding Alimony and Child Support

When it comes to family law matters, financial considerations play a significant role in ensuring the well-being of all parties involved. Two essential aspects that require careful attention are alimony and child support. At Family Law Richard E. Young & Associates, we understand the complexities surrounding these matters and strive to provide expert guidance and support to our clients in Lake Forest, CA, and beyond. In this blog post, we will delve into the intricacies of alimony and child support, shedding light on their purpose, calculation methods, and the importance of seeking professional legal assistance.

What is Alimony?

Alimony, also known as spousal support, is the financial assistance provided by one spouse to the other during or after a divorce or separation. It aims to maintain the financial stability of the recipient spouse, especially if there is a significant disparity in income or one spouse was financially dependent on the other during the marriage. Determining the amount and duration of alimony involves considering various factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.

Related: “When It Is Time to Speak To a Divorce Lawyer”

What is Child Support?

Child support, on the other hand, is the financial contribution made by one parent to the other for the benefit of their children. It is intended to cover the children’s basic needs, including housing, food, education, and healthcare. The calculation of child support is typically based on state guidelines that take into account factors such as each parent’s income, the number of children, and the custody arrangement. Ensuring the fair and accurate determination of child support is crucial in preserving the best interests of the children involved.

Related: “Can a Child Choose Custody?”

Seek Professional Help

Navigating the financial aspects of family law can be overwhelming and emotionally challenging. At Family Law Richard E. Young & Associates, we have extensive experience in handling alimony and child support cases. We are committed to providing personalized guidance and achieving the best possible outcomes for our clients. If you require assistance with understanding or resolving issues related to alimony or child support, please contact us at (949) 951-9529 or visit our website. We are here to help you protect your financial rights and ensure the well-being of your family.

Alimony Explained

Alimony, also commonly known as spousal support, is a form of financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is enforced by federal law and is in place to acknowledge that in marriages where a spouse forfeits a career to manage the household, the couple is essentially splitting essential family duties based on nonmonetary contributions that have to be equally considered. To learn more about the ins and outs of alimony, continue reading our blog!

Who Qualifies for Alimony?

The whole objective of alimony is to provide “reasonable and necessary” support upon divorce or separation. In order to qualify for alimony one must show the court that he or she needs financial support and that the other spouse has the economic means necessary to provide it.

What are the Stipulations of Alimony?

  • It must be requested during the divorce, not after
  • It will have to be forfeited in the event of remarriage and at the request of the ex-spouse
  • Couples who agree on alimony terms can resolve this matter outside of the court, however alimony can only be legally enforced when ordered by a court or if there’s a written agreement
  • Failure to pay alimony payments can result in a motion for contempt to be filed, and if approved, can lead to other means of enforcement including wage garnishing

What is the Legal Process?

Immediately upon agreeing to divorce any individual seeking spousal support must come forward and file a motion for it. A spouse can ask the judge to make a spousal support order as part of divorce, legal separation, annulment or a domestic violence restraining order.

If the couple cannot agree to this arrangement or to a fair monthly amount, a judge will decide if the individual is indeed entitled to the alimony, and if so exactly how much. Alimony will either be granted indefinitely or for a limited amount of time depending on the couples current and future circumstances.

Final Thoughts

An expert family lawyer will be able to provide end to end legal services for divorcees and those trying to navigate alimony, child support, custody and other legal cases. Learn more about the expert team at Family Law Richard E. Young & Associates, our convenient services, free consultations and much more on our website or by giving us a call at (949) 951-9529. We have proudly served countless families in the Orange County community with their alimony, divorce, custody, and bankruptcy cases since 1974.

The Breakdown of a Prenup

Whether you’ve been married before or have simply heard about it in the media, a prenup seems to be a pretty controversial topic of discussion. In most recent news, it was reported that Justin Bieber and Hailey Baldwin got married without a prenuptial agreement. When this news broke, the internet nearly exploded! Everyone with an opinion spoke about how foolish it was for Bieber to forgo the protection of a prenup. Now, this begs the question: what exactly is a prenup and why do I need one if Bieber decided against it? Finish reading this blog to learn the complete breakdown of what a prenuptial agreement is!

Basically…

A prenuptial agreement is a contracted agreement that both people who are getting married will sign. Within the agreement, the breakdown of important assets within the marriage are delegated in the event of a divorce or death. Every state has specific laws as to what can be put into the prenup and what is left out, however the degree of distribution is always circumstantial and will vary from couple to couple. No two prenup contracts are the same.  

Circumstantial Fairness

Everybody has a different idea of what is “fair” in life. When it comes to finances and important assets within a marriage, fairness is taken to a whole new level. Many different aspects of the marriage are taken into consideration when deciding how to delegate everything. The assets you brought to the relationship before marriage are documented, along with the potential to inherit different assets down the line.

Full Disclosure

One of the most important parts of a prenup is full disclosure at the beginning of the marriage. Both people must come forward and disclose all the assets that they have before the marriage is final. Within the contract, those assets are protected. If you had a successful business in your name leading up to the marriage, in the event of a divorce, your spouse would have no rights or claim to the business revenue. Assets that are documented to be inherited at a later date from a family member should be included in a prenup as precaution. Imagine your father or mother had a successful business that was to be passed down to you; should you divorce, a prenup with disclosure on the future inheritance of this business will protect you from having to worry about your spouse seeking anything from the matter.

Alimony?

Most prenup agreements will cover the topic of alimony. More times than not, alimony is only brought up in the agreement if it’s being waived. At the end of a marriage, without the mention of alimony in the prenup, either person could attempt to receive alimony from the other. However, this is to be determined by a judge at a later date. If waiving the right to seek alimony is agreed upon by both people, it can be a great precaution down the line.

Children?

When it comes to divorce, many people immediately think of their children. The struggle to fight for custody can be relentless and stressful. Many will look into prenup agreements to see if they can put into motion the agreement of what will happen to the children in case of divorce. Unfortunately, prenuptial agreements aren’t allowed to include the topic of children. All situations involving children must be directly handled in court by a judge. No prewritten agreement will ever be able to say otherwise.

Conclusion

Prenups are a heavily discusses topic in the media. This type of agreement is a great way to stay protected should the marriage end on less than happy terms. Both parties are fairly considered and it is decided what the fairest way to divide everything is. If you’re interested in learning more about prenuptial agreements before you say “I do,” check out our website and give us a call today!