Breaking up after merging your life and finances with another person can be daunting. However, Florida law might allow you to receive financial assistance from your ex-partner so that you can peacefully move on from the relationship. Depending on your circumstances, a family law court might grant you alimony or child support. But what are the differences when it comes to alimony vs. child support?
One significant difference between alimony and child support is that courts must grant child support in any case involving minor or dependent children, but no such requirement exists for alimony. But that’s just the tip of the iceberg. Many other differences exist between these types of financial support, and we discuss them below.
At Newlon Law, P.A., we can help you secure the most favorable alimony and child support orders for your circumstances. Our family law attorney has over 25 years of experience and is passionate about protecting Florida families.
Alimony and Child Support Purposes
In general, alimony and child support are meant to address the financial deficits that crop up for a spouse or child when a couple splits. These payments can help a spouse become self-supporting or can help ensure that a child receives the care they need when their parents no longer live together.
Alimony vs. Child Support: What Are the Similarities?
Let’s begin with the similarities between child support and alimony. Alimony and child support both typically begin during divorce cases, though couples who remain married but don’t live together can seek alimony and child support orders in court.
Both types of payments are based on the financial resources and needs of the parties involved. When developing alimony and child support orders, Florida family law courts consider the income and expenses of both the paying and receiving parties. Additionally, both types of orders can be modified if there is a substantial change in a party’s circumstances, such as a significant change in income or childcare responsibilities.
If a party who is required to pay alimony or support neglects their obligation, the party entitled to payment can have the paying party’s wages garnished. And paying parties who don’t fulfill their obligations could be subject to contempt of court sanctions. Knowing these similarities between child support and alimony can help you understand your options in a divorce or family law case.
What Is the Difference Between Alimony and Child Support?
First and foremost, alimony is an option only when the parties involved have been married. On the other hand, child support applies any time two people share a dependent or minor child and don’t live together, regardless of whether they were ever in a relationship. While this might be the most stark difference, many others also exist.
Child Support Is Automatic, and Alimony Is Discretionary
Parents have a legal obligation to take care of their children, including providing financial support. Because of this obligation, courts or Florida’s Department of Revenue must grant child support to a parent or a third-party caregiver whenever a child’s parents live in separate households.
Alimony, on the other hand, is not granted in every divorce case. A court’s decision to award alimony is based on whether the party requesting alimony needs the payments and whether the party being asked to make payments can pay.
Child Support Has a More Predictable Termination Date
Child support typically ends when a child turns 18 or 19, depending on when they graduate from high school. However, adult children with special needs might be entitled to child support for the rest of their lives.
Alimony payments, on the other hand, could last for a few months, a few years, or a lifetime. The duration of alimony payments depends on the type of alimony the court orders and the couple’s circumstances. Courts award the following types of alimony in family law cases:
- Bridge-the-gap alimony. Financial support for a spouse who needs help adjusting to single life. Typically, this type of alimony cannot last for more than two years.
- Rehabilitative alimony. Payments for spouses who need help to become self-supporting, such as education or job training. Typically, this alimony cannot last for more than five years.
- Durational alimony. Support awarded to spouses who have been married for at least three years. Depending on a spouse’s circumstances, it can last for up to 75% of the time the couple was married.
No matter how long an alimony order is supposed to last, alimony ends when the receiving spouse remarries or when one of the spouses dies.
Infidelity and Marriage Length Are Factors in Alimony Awards
In general, whether a parent was a good spouse or partner is irrelevant to a child support award. We may want courts to recognize how much we have suffered for our relationships when arguing for our child support rights. However, child support orders focus on the child’s needs and each parent’s financial circumstances.
When you argue for alimony, you can point out how long you stayed in your marriage or the fact that your spouse cheated on you. The court might use these factors to determine whether you are entitled to alimony and how much you should receive.
Child Support Might Require a Paternity Hearing
Unmarried parents who seek child support may have to take an extra step before they can ask for child support by establishing paternity. A parent can establish the paternity of their child by submitting a legal statement acknowledging paternity or through genetic testing.
Often, parents complete one of the above-listed steps through a court case or administrative hearing.
Whatever your child support or alimony needs, Newlon Law, P.A., is here to help. We are highly experienced and ready to fight for your rights at every step.
Let’s Discuss Your Case
If you’re facing a family law issue involving alimony or child support, contact Newlon Law, P.A., today. As an award-winning attorney with big firm and transactional experience, Jon Newlon can provide comprehensive and holistic solutions for your unique situation. Call or contact us online to discuss your case and find the best way forward today.