In a divorce, the judge must make an order concerning the care of any children. The judge can also order a parent to continue support payments for a person with a disability that affects that individuals ability to live independently from the custodial parent. In setting child Support, the judge must refer to the most recent version of the Supreme Courts family support chart, which you can find here, but the judge can award either more or less than the chart amount if the chart amount is thought to be unjust” or inappropriate. The chart is to be revised every four years to make sure the amounts on it are appropriate. A person paying child Support can be ordered to file a bond or give some other guarantee, such as life insurance.

The judge may, under some circumstances, award alimony to either spouse. If alimony is awarded, unless the judge orders otherwise, it will stop automatically when one of the following

  1. The person receiving the alimony remarries;
  2. A child is born, and because of that another person is ordered to pay child support to the person receiving alimony (you cant get both;
  3. A child is born, and because of that, the person receiving the alimony must pay support to someone other than a descendant of the person paying the alimony;
  4. The person receiving the alimony lives full time with another person in an intimate, cohabiting relationship;
  5. Either the person receiving the alimony or the person paying the alimony dies; or . If the judge awarding alimony says it will stop for some reason in the future and that reason occurs

Either the person paying or receiving alimony may ask the judge to change the alimony order if something important changes, such as one spouses need for the alimony or the ability of the other spouse to pay. Alimony can be awarded under proper circumstances concerning rehabilitation to either spouse. When rehabilitative alimony is awarded, the person receiving it may be required to provide a rehabilitation plan for the judge to consider in determining whether the plan is feasible, how much should be received, and for how long.

The person paying the rehabilitative alimony may ask the judge to change or do away with the alimony award if the person receiving the alimony fails to meet the requirements of the rehabilitation plan.

If you have any questions about Child or Spousal Support, please feel free to contact me at 501.296.9999