Child Support & Alimony

Child Support

Our goal is to serve your children’s best interest by aiding you in reaching a fair and appropriate child support amount.

Minor children need the proper support and care, and we at Dunsmore & Benson will diligently work to help you achieve the desired results, whether you are paying or receiving child support payments. Legal assistance is important to be sure that the court has all the relevant information and facts to make the right decision. We have experience in this area to ensure that all evidence pertinent to your case is gathered and presented for consideration.

If the parents do not share custody, the non-custodial parent is usually ordered to pay child support to aid with the care of the minor child.

The amount of child support ordered depends on a number of factors, including quantity of minor children, income level of both parents, any previous child support being paid or received, alimony being paid or received, daycare costs, health insurance costs, and state guidelines.

Alimony

Also known as “spousal support,” “spousal maintenance,” or “spousal allowance,” alimony is money paid from the higher earner in a failed marriage to the lower earner, after a divorce. Alabama law says that a judge may award a temporary alimony judgment during divorce proceedings (“pendente lite”), as well as the usual alimony after finalizing the divorce. Usually the amount is to be given monthly, twice monthly, or weekly for a certain period of time. Sometimes it’s a one-time lump sum.

At one time, alimony was permanent, but that is more and more rare. Long-term is sometimes called “permanent,” but it usually has an ending date, or is between older spouses in which one spouse has no income potential.

If a marriage has been quite short, alimony may be very temporary – just enough to allow a spouse to get a job, or training or education to become a better prospect for a job. Occasionally, it may be a kind of reimbursement for working to pay for a spouse’s furthered education.

Factors in Determining Alimony

• Duration of the marriage
• Ages of the spouses – both at the time of marriage and at the time of divorce
• The emotional and physical condition of each spouse
• Earning potential and employment history of each spouse
• Earnings of each spouse – both current and reasonably expected
• Expenses of each spouse – both current and reasonably expected
• Properties – both marital and non-marital – of each spouse
• Child custody
• Fault or marital misconduct of each spouse
• Tax consequences
• Obligations for support from previous marriages