In general, child support refers to the periodic payments made by one parent to the other to help them provide financially for their child when the parents are separated or divorced. Usually the payments are made to the custodial parent once a month. Child support can be awarded in cases in which the parents were never married but have had a child together. Temporary child support can be awarded while a divorce petition or petition for child support in a case that does not involve divorce is pending in court.
The manner in which child support payments are calculated is a matter of state law and varies from state to state. Generally, absent a voluntary agreement between the former spouses, a family law court will determine the amount of child support payments.
Some states have specific guidelines for calculating child support payments, while others do not. If the state has guidelines, the court applies the guidelines to the facts of each case. The court requires each parent to fill out a financial statement that reports their monthly income and expenses. The court then applies a formula that usually takes into account the respective financial situations of the spouses, as well as the amount of time that the child spends with each parent. In some cases, for example, North Dakota, a court may award a higher amount of spousal support if the parent receiving the support also has custody of the child of the marriage and receives child support.
If the court does not have specific guidelines for calculating child support payments, the court nonetheless considers many of the same factors considered in states with guidelines, such as the amount of time the child spends with each parent, their relative financial situations of the spouses, the standard of living of the family before the divorce, the needs of the child and other relevant information.
What are Spousal Support Payments and How are They Calculated?
Spousal support, also known as alimony, is a payment made to one spouse by the other spouse in the event of a divorce or legal separation. These payments help to provide the means for one spouse to pay their living expenses. For example, if one spouse alone was the breadwinner in a family before divorce and the other spouse was dependent on the breadwinning spouse’s income, then the breadwinner would need to pay spousal support to the dependent spouse during and after the divorce. Spousal support might be referred to as “partner support” or “domestic maintenance” in cases involving a domestic partnership.
The amount of alimony is calculated by considering a variety of factors. There are different types of alimony, which is a factor in determining the amount. While a divorce is in process in family court, one spouse may pay temporary spousal support to the other. When a family law court issues a final decree of divorce, an award of spousal support to one of the spouses would be included in it. The court would decide whether alimony is necessary, in what amount, and when those payments should end.
The court will determine the amount using particular factors, such as the financial background of each spouse and their contributions to marital assets and income. In some states, a federal law known as the Uniform Marriage and Divorce Act (UMDA), sets the required amount for spousal support payments. A court may require alimony to be paid while the spouse receiving it undertakes a program of education or training to become employed.
When Should I Consider Using Experts to Determine Child and Spousal Support Payments?
A person should seriously consider using an expert witness in complex or high-asset family law cases. Experts can be valuable consultants when it comes to persuading a court that child support or spousal support payments are required in divorce cases. Experts can also be valuable in helping a court to determine the amount of support payments.
Of course, concern about the cost of an expert’s services can sometimes make people hesitate to hire them. An attorney can help to find an expert who is qualified and affordable for their client. If receiving child or spousal support or getting custody of a person’s child is an important priority for them, then making the best case might require hiring an expert and having that expert ready to testify in a trial.
What Types of Experts Help to Determine Child and Spousal Support Payments?
Depending on the circumstances of the case, there are many several possible types of experts to consult regarding child and spousal support. The types of experts that are most often used in family law cases include the following:
- Family Economists: A family law economist can determine accurate living costs, which are based on the cost of living;
- Financial Analysts: Financial analysts can assist in managing assets and can create support payment plans; they might also contribute valuations of assets, e.g. family-owned businesses;
- Health Care Professionals: Health care professionals are generally used to prove whether or not a spouse can work due to an illness or disability; and
- Vocational Training Counselors: These particular experts assist unemployed spouses in education and training leading to employment, which can eventually lead to modifying the amount needed for support payments.
Again, these are just some of the kinds of experts that a spouse in a divorce case may consult to help make their case regarding child and spousal support payments. An experienced family law attorney should be able to recommend certain types of experts that are suitable for a particular case.
How Can I Find an Expert?
One place to find an expert is at a local university or college. Almost every type of expert that was previously mentioned can be found in an academic institution. Additionally, an expert from a local college or university may well be able to provide their services at the lowest cost.
Other possibilities include contacting national professional associations for the type of expertise a person needs to ask for references for highly accredited experts. Experts who have used their expertise to write books can be another source. While these options may be costly, they may be worth the quality of the expert advice a person receives in return.
This is especially true for cases that involve complicated legal issues, or cases in which there are disputes over large sums of money or assets that are difficult to value and divide. Other cases in which experts may be needed are cases in which a spouse or child has special needs that must be provided and make the cost of care outside the norm.
An experienced family law attorney should also have experience in identifying qualified expert consultants and may know of some already that they use routinely in similar cases.
Do I Need an Attorney to Help Find an Expert?
Consulting an experienced family law attorney can be extremely helpful in making the decision to consult an expert and then in finding one. Many experts are experienced in consulting and testifying divorce cases in the past. Thus, your attorney may well be able to call on experts whose services they have used in the past to assist with your case.
If it has been challenging for you to find an expert to calculate your support payments or if you have any questions about experts, you should consider contacting an experienced family law lawyer for guidance. The outcome of disputes over alimony, child support and child custody can have a big impact on the quality of a person’s life. You are most likely to get the best possible outcome if you have an experienced family law attorney and the best possible expert witnesses on your side.
