Child support and alimony are two highly contested issues that often come up in a divorce case.
Florida courts believe that parents should provide proper support for their children. In the most cases that involve children, there is a parent with majority timesharing and a parent with minority timesharing.
The amount of child support is determined by using a formula developed by the Florida Legislature. The formula takes into account the income of the parents, the number of children, as well as day care and health insurance costs. Child support is based only on the income of the parents, not on the income of new spouses or significant others. Child support is not tax deductable nor can it be claimed as income.
The court’s purpose of awarding alimony in a divorce case is to maintain the marital standard of living for both the spouses. But the court will not bankrupt one spouse to make the other spouse’s standard of living comfortable.
The amount of alimony is completely up to the court and every court is different. The judges use statutory factors to determine if alimony should be awarded and the appropriate amount. The primary factors are: the length of the marriage, the need for support of one spouse and the other spouse’s ability to pay support.
Unlike child support, alimony is tax deductable and is taxable income for the spouse who receives it.