Alimony and Child Support

Ongoing Financial Obligations: Alimony and Child Support

Often, there is a need for one of the divorcing spouses to pay child support or spousal maintenance, more commonly known as alimony, to the other spouse after, and sometimes during, a divorce. This type of ongoing financial commitment must be calculated correctly to make sure both spouses, and their children, are treated fairly.

Though both child support and alimony are based on income and, to some extent, reflect need, there are very important differences between them. Most obviously, child support is fairly inflexible. A noncustodial parent can be expected to pay it at least until their children reach the age of 18 and often also during college. Alimony is much more negotiable and subject to compromise.

Call 573-874-3100 for advice about child support and spousal maintenance

At The Copeland Law Firm, our primary family law lawyer, Brandi L. Byrd, helps people understand what is involved in the right to receive or the obligation to pay child support and alimony. Contact us in Columbia, Missouri, to learn about your options under Missouri law.

Child support is calculated by, among other factors, the parents' income and the number of children, with the noncustodial parent responsible for paying to the custodial parent the amount specified by the Missouri Child Support Guidelines. A prenuptial agreement is ineffective for reducing or waiving a parent's child support obligations.

Although the guidelines will give you a clear understanding of your child support rights and responsibilities, Ms. Byrd can sometimes show that the amount indicated by the guidelines should be increased or decreased for specific reasons based on the facts of your situation. She can let you know if your circumstances might support a variation from the guideline amount. The same considerations apply in both divorce and paternity cases.

Spousal maintenance, or alimony, is more often subject to negotiation between divorcing spouses and is usually resolved through agreement in connection with a property settlement. Only in long-term marriages where the financially weaker spouse has no realistic prospect of earning a significant income is permanent alimony typically awarded, but misconduct, such as infidelity or the waste of marital assets, can increase the amount of a spousal maintenance award.

Our lawyers also advise people with questions about their right to seek modification or enforcement of an alimony or child support order.

To learn more about your rights and responsibilities concerning child support or alimony, contact The Copeland Law Firm in Columbia, Missouri.