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Child Benefits and How They Can Impact Spousal Support

Child Benefits and How They Can Impact Spousal Support

Whether you are the receiving party or the party paying support, it is essential to obtain a fair support order. It is in the interests of the parties receiving the pension to ensure that it is sufficient to meet their needs.

On the other hand, the parties that pay the support want to avoid having to face such great obligations that their own quality of life is compromised. Also, child support has a direct relation to spousal support.

In this article, we are going to answer all the questions about child benefits and how they can impact spousal support.

What is child benefit or child support?

Law provides legal guidelines for determining child support. The court determines the amount of child support a parent (or both in special circumstances) must pay based on the following factors:

  • The monthly salary of each parent
  • Percentage of custody each parent has
  • Number of children each parent has (together and separately)
  • Health insurance expenses
  • Daycare expenses
  • School costs and other ordinary expenses

The court may consider additional expenses, especially in individual circumstances. Such as-

  • If your child has disabilities that require special care at home or
  • Your children attend private schools and have grown up with a particular lifestyle.

Even when one factor is not determinative of the other, a judge considers the non-custodial parent’s salary up to a certain limit.

Child support usually begins once a parent files for it in court. It usually ends once the child turns 18 or graduates from high school, whichever occurs last.

There are some unique situations where child support must last longer, such as for children with disabilities, or shorter if the children marry.

What is spousal support?

Sometimes called alimony, state law provides for spousal support. This support can be temporary or permanent. Temporary spousal support is ordered during the divorce process.

So the party receiving it has a way to support themselves while permanent support is determined. Temporary support is generally determined based on the couple’s income and takes into account some expenses.

Permanent support includes, but is not limited to, the following factors:

  • The duration of the marriage
  • The standard of living of the marriage
  • The education or career of the spouses

Spousal maintenance is mandatory because it ensures that both spouses maintain a standard of living after a divorce. And it covers the needs during the time that the couple, who receives support, obtains a job.

The most common situation is that in marriages that lasted less than 10 years, a husband must pay spousal support for half the marriage duration. There is no time limit on the duration of spousal support in marriages over 10 years.

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Child benefits and how they can impact spousal support: here are some myths and facts

What is the relation between child support and spousal support?

When the parents separate, each must share the financial burden of the children, according to their resources and the child’s needs. This contribution, paid in the form of alimony, can be calculated, taking into account the spousal support in the resources of the parents who receive them.

Here are some expenses for example-

Children’s education expenses:

These expenses are included in this spousal support. Education expenses include compulsory education for minor children, education studies for older children, university or not (provided that it is proven that they are being used successfully).

Extraordinary expenses:

The so-called extraordinary expenses are not included in spousal support. They cover foreseeable, periodic, and ordinary needs, whether or not they are consented, in the case of child support, by both parents.

Vacation expenses:

Having your child with you for the month of vacation cannot exempt the non-custodial parent from paying the pension for that month. It is a mistake that cannot occur in the future.

Alimony represents a lump sum that tries to establish an annual proration according to the reasonable forecast of the minor’s needs. From this payment, the parent-debtor is not exempt in any case, being indifferent that a certain period, or specific month, has the child in your company.

Does a parent who has shared custody still have to pay child support?

It’s possible!

If one parent has a higher income than the other, they may have to pay child support, even if they have shared custody. On-call time is taken into account in the calculation, but other elements are taken into account. Parents’ income is one of them.

Can a parent avoid paying child support by declaring bankruptcy?

No!

The person who declares bankruptcy must continue to pay the support payments of his ex-spouse and that of his children. He cannot get rid of this debt by going into personal bankruptcy.

Is child support taxable?

No!

The parent who receives child support will not be taxed on this amount, and the parent who pays this support cannot deduct it from their income. This is valid for child support only!

A spouse who receives spousal support from his ex will be taxed on this amount. The ex who pays the pension can deduct it from his income.

Does child support end at age 18?

No!

At 18, child support does not end automatically. Parents must continue to provide for their children’s needs as long as they are not financially independent. A parent cannot decide on their own to stop paying.

If the court decided the pension, a new judgment must be obtained to modify it. It will then be necessary to demonstrate that a change in situation justifies stopping paying or reducing the pension. For example, this could be the case if the child stops studying or gets a job.

Final verdict:

Child benefits and how they can impact spousal support are crucial topics that only an expert can help you with. In any case, we recommend that you consult a lawyer.

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