Going through a divorce can be a truly life-changing event. You are effectively severing emotional and financial ties with someone you once believed you’d be spending the rest of your life with. That can be a lot to accept, but it’s vital to your continued emotional healing that you address every aspect of the life change you are about to endure. You may have to pay spousal and/or child support, and a Springfield, MO divorce lawyer can help protect your interests.
You May Have to Pay Spousal and Child Support
Depending on whether you have children or a spouse in financial dire straits, you may be ordered by the court to pay spousal support, child support, or both. In a perfect situation, your divorce is uncontested, and you are able to work out a mutually beneficial agreement for spousal and/or child support with your partner as part of your divorce agreement, which may also include a child custody arrangement. Unfortunately, this does not always happen.
Many divorces are contested, as one spouse is often blindsided by the other and seeks to get as much out of the divorce as they can. In a contested divorce, working out an agreement for spousal or child support can be next to impossible without the court’s involvement. Spousal support is not a guarantee in every divorce. Generally, it is only awarded if one spouse earns a significantly higher amount than the other, resulting in a pay disparity that needs to be addressed.
Child support is similar but has a few key differences. The primary difference between support types is who ends up benefiting from it. While spousal support is intended to help your spouse get back on their feet, child support is supposed to pay for your child’s necessities, such as food, clothing, education, and medical needs. Both forms of ongoing financial support can be ordered by the court as a way to help your former spouse for the foreseeable future.
According to information gathered by the CDC, the divorce rate in Missouri in 2022 was around 2.7 per 1,000 citizens. This puts Missouri among the states with the highest divorce rates in the country, just below the national divorce rate.
Many of these divorces may result in spousal or child support. If you are struggling emotionally with your divorce, you may want to reach out to a local Springfield divorce support group such as DivorceCare or Divorce Recovery. It can help.
The Major Factors of Both Forms of Support
The reason the court may force you to provide your former spouse with ongoing financial support is to give your spouse a chance to have some stability while they rebuild a life that doesn’t include you. You may have been the primary breadwinner; your spouse may not have even had a job of their own. Financial support will likely last for an extended period. Spousal support may last until they remarry or die, and child support may last until the child is 18.
Spousal support, which is also known as alimony, is financial support paid by the higher-earning spouse to the lower-earning spouse. It’s typically only awarded in cases where there is a significant pay disparity between the parties. The court may order that spousal support continue indefinitely until your spouse is able to be financially independent, enters into a serious new relationship, or passes away.
Child support, on the other hand, is awarded to the custodial parent to assist in paying for the child’s basic needs. Child support often lasts until the child turns 18. Not every divorce will result in child support, even if there are young children involved. If the noncustodial parent’s monthly income is too low to pay child support while also supporting themselves, the court may not order child support until that parent’s financial situation is under control.
FAQs
Q: How Long Does Spousal Support Last in Missouri?
A: The amount of time that spousal support may last in Missouri depends entirely on the circumstances of the marriage and what led to the divorce. Spousal support is less likely to be awarded if the marriage lasted less than five years. The court can order spousal support to be paid out for a determined amount of time or order it to be paid out indefinitely. Any relevant misconduct during the marriage may affect spousal support as well.
Q: What Would Cause Spousal Support to Stop in Missouri?
A: There are multiple scenarios that would lead to spousal support ending in Missouri. Some scenarios include the receiving spouse’s new marriage or the receiving spouse’s death. However, some situations could lead to a modification of the payment plan or complete termination of payments altogether. If your spouse’s financial situation has greatly improved, the court may no longer feel spousal support is necessary.
Q: Does the Father Always Pay Child Support to the Mother?
A: No, the father is not always the parent paying child support to the mother. The parent who receives full custody could be the father or the mother. It depends entirely on the circumstances of the divorce and which parent the court feels will better provide for the child. When deciding custody, the court always does what is right for the child before all else, and that can mean ignoring the wishes of both parents.
Q: Is a Lawyer Necessary to Negotiate Support?
A: Yes, a divorce lawyer is largely necessary when negotiating support. While you technically are not required to hire a lawyer to help you figure out spousal and/or child support, it is highly recommended that you have someone by your side to help you work this out. Otherwise, you could end up getting taken advantage of. Your lawyer should be by your side throughout the entire process of your divorce.
Contact Us Today
At Stange Law Firm, we can help you work out an agreement for both spousal and child support that doesn’t take advantage of your position. Contact us to speak to a team member about your case.
