Also known as: maintenance supports · spousal maintenance · child support · alimony
Written by attorneys · grounded in primary & secondary sources — see below
A court-ordered payment from one spouse or parent to another for ongoing financial support following separation or divorce. The amount is fixed after considering the recipient's need and the payor's ability to pay, without regard to marital misconduct.
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Marco Marquez hires a lawyer to handle his divorce from Mina Mehta and offers a fee equal to twenty percent of any alimony awarded. The lawyer declines the arrangement because the fee would be contingent on the amount of maintenance support recovered. Marco must instead pay an hourly rate for the representation.
Mustafa Mahmoud owes substantial unpaid child support. State law requires him to obtain court permission before marrying Miranda Morales. The clerk refuses the license until Mustafa secures the required order, prompting a constitutional challenge to the restriction on his right to marry.
After Michelle Murphy and Michael Miller separate, the court enters a dissolution decree. It orders Michael to pay a monthly amount for the support of their child after weighing the child's financial resources, Michelle's resources as custodial parent, and Michael's ability to pay.
Maxwell Manufacturing executive Mina Mehta stops receiving financial support from her husband Marco after they separate. She petitions the court for alimony and child support, showing her need and his ability to pay. The court awards monthly payments based on the parties' circumstances.
Mustafa Mahmoud faces civil contempt proceedings for unpaid child support and possible incarceration. The opposing parent appears without counsel. The court provides notice of the hearing, an opportunity to present financial information, and an express finding on ability to pay, but does not appoint counsel.
A New York support order registered in North Carolina requires payments until the child turns twenty-one. North Carolina's emancipation age is eighteen. The court applies New York law to determine when the obligation ends rather than shortening it under local rules.
Yes. Model Rule 1.5(d)(1) bars any fee in a domestic relations matter that is contingent on securing a divorce or on the amount of alimony, support, or property settlement. The rule prevents lawyers from acquiring a direct financial stake in the outcome of support awards.
No. Such a statute significantly interferes with the fundamental right to marry. It must be supported by sufficiently important state interests and be closely tailored to those interests. A broad preclearance requirement fails this test.
…published by the State describing the fetus and providing information about medical assistance for childbirth, information about child support from the father, and a list of agencies which provide adoption and other services as alternatives to abortion. An abortion may not be performed unless the woman certifies in writing that…
…movement of some relevant object, thereby regulating local criminal activity or, for that matter, family affairs. See, e. g. , Child Support Recovery Act of 1992, 18 U. S. C. § 228. Although this possibility does not give the Federal Government the power to regulate everything, it means that any substantive limitation will apply…
…New Jersey court. The complaint was for a divorce on the grounds of extreme cruelty, and sought (among other things) spousal
…convincing proof to the court that for reasonable cause he or she was not able to comply with a previous court obligation for child support." The dissenting opinion of MR. JUSTICE REHNQUIST suggests that appellee may no longer be "incapable of discharging the arrearage as required by the
…or "semicore," category involves declarations of rights or obligations arising from status (or former status), e. g., alimony, child support
The court considers the financial resources of the child, the financial resources of the custodial parent, the standard of living the child would have enjoyed had the marriage not been dissolved, the physical and emotional condition of the child, and the child's educational needs, among other relevant factors.
Yes. In some states a spouse not receiving support may seek alimony and child support at any time, even without requesting other relief. The award depends on the recipient's need and the other spouse's ability to pay.
Not automatically. When the opposing parent is unrepresented and the state supplies adequate notice of the importance of proving inability to pay, a fair opportunity to present financial information, and an express court finding on ability to pay, those safeguards can satisfy due process without counsel.
The law of the issuing state controls the nature and duration of the obligation, including the age of emancipation. The registering state must apply the issuing state's rules rather than its own.