Alimony Versus Child Support
You may still have financial obligations to your ex after your relationship ends. If you're divorced or legally separated, the court can order either of you to pay alimony, child support or both.
Factors the court considers when awarding alimony
Alimony (also called spousal support or maintenance) helps a former spouse maintain financial stability postdivorce.
Alimony awards vary by state. The following often factor into the amount:
- Spouses' incomes
- Length of marriage
- Spouses' ages
- Living expenses
- Division of marital assets
Some states have formulas for calculating monthly alimony. In other states, each judge decides how to calculate alimony, and they usually have to consider a list of factors.
Spouses may set terms for alimony in a prenuptial agreement. They should ask a court to approve the terms before they marry.
Factors the court considers when awarding child support
Child support covers the child's basic needs (e.g., shelter, food, healthcare).
Child support amounts vary by state. The following often factor into the amount:
- Parents' incomes
- Number of eligible children the parents have together
- Each parent's amount of time with the children
- The children's insurance and medical costs
- Other children the payor is supporting
The courts plug these factors into a formula to determine the monthly child support amount. Each state's child support formula is different.
Unlike with alimony, spouses cannot cover child support in a prenuptial agreement.
Difference between alimony and child support
The following are key differences between alimony versus child support.
They affect taxes differently
You must pay taxes on alimony payments received. Alimony is tax deductible for payors with a divorce order or agreement dated before 2019.
On the other hand, you do not have to pay taxes on child support received, and the payor cannot deduct support payments when filing taxes. You may claim the child on taxes if you're the custodial parent or if the custodial parent completes Form 8332, allowing the noncustodial parent to claim the child.
Alimony only applies to cases involving spouses
Only those who divorce or legally separate can get alimony. Your state may mandate that the marriage last a certain amount of time to qualify. A court can award child support regardless of whether parents were ever married.
Alimony payments may only last a short time
Some states limit alimony payments to six months to two years, or until the recipient remarries or becomes financially self-sufficient.
Child support continues until the child becomes a legal adult but can sometimes continue beyond that point, like if the child has a disability or is in school full time.
Similarities between alimony and child support
When comparing alimony versus child support, you'll notice some similarities between them.
You can only get alimony and child support through court
Both alimony and child support are court-ordered. You can negotiate an alimony or child support agreement, but the court must approve before it becomes official. Both can be modified through court as well. You should not pay alimony or child support without a court order.
There are penalties for missing payments
Once you're ordered to pay alimony or child support, you're expected to pay on time. If you frequently miss payments, the court can take action such as deducting owed amounts from your work pay or even putting you in jail.
The higher-earning person usually pays
Income is often the deciding factor for the court when determining who is responsible for paying alimony or child support.
Typically, the person with the higher income pays. There are some exceptions for child support. For example, the court may rule no support is owed if parents have 50/50 custody and similar incomes. The lesser-earning parent may pay support if the other parent has significantly more parenting time.
Can you get child support and alimony at the same time?
Yes. If you're divorcing with children, the judge may rule that you should receive both alimony and child support to support you and your child.
It's common for the parent who receives alimony to receive child support as they often have less income than the payor.
Getting an accurate child support calculation
Many courts look at how much time parents spend with their child in a year to set a support amount.
They usually estimate because counting manually is time consuming. But estimating parenting time can impact your child support order by thousands of dollars a year.
The Custody X Change online app lets you quickly calculate your exact parenting time.
With Custody X Change, you can tweak your schedule to see how even little changes affect your timeshare. And you'll see how your parenting time changes each year due to holidays and other events.
You'll also avoid common math errors, such as counting holiday time as an addition to regular parenting time rather than a replacement.
Whether you are paying or receiving child support, make sure your parenting time calculation is exact. The number that will affect you, your child and the other parent for years to come.