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Difference Between Spousal Maintenance and Child Support

After a divorce, when it comes to a financial settlement, one spouse has to be agreed on the spousal support or child support. This support can be from the wife's side, or it can be from the husband's side. Through this article, you will have a brief understanding of the difference between spousal maintenance and child support.

What is Spousal Support?

Spousal support is also known as alimony support by which you can understand that one spouse will get some amount of money from a subsequent divorce. The judge who is handling the divorce case will decide the alimony payment for the time being or will ask them to wait until the spouse receives remarries.

Alimony cannot receive as granted- this amount will be provided only when the spouse asks for this. This alimony will help the spouse to lead their lifestyle as they were leading during their marriage time.

Alimony Laws

If a woman divorces a man based on the abuse, then he can case a file for her alimony. This alimony can support that woman in her financially even to get considerable opportunities in her profession. Most of the laws in many states provide maintenance, which is based on marital roles and the earning capacity of each side of the gender.

Some factors are followed by the court by which alimony is provided:
  • The earning of each party of the spouse.
  • Their lifestyle during the marriage.
  • The extent of the marriage.
  • Age, physical condition, emotional, and financial condition of both parties.
  • Capability to pay

What is Child Support?

Giving a payment after a divorce to raise the young children is known as child support. Now the question is, which parent does receive this support? The custodial parent with whom the child is staying will receive the payment as they have to spend more money for that childcare.

This support will be considered as long the child turns into 18 to 21 age. There is no tax deduction in child support alimony, and even the person who is receiving this payment will not have to pay any income tax.
If the legal parents are divorced but living together, then no parents don’t have to pay any support payments.

Child Support Laws

The laws of child support differ from state to state. There are some factors which have been given below:
  • Income of each parent.
  • Educational and medical needs of the child.
  • Age of the child.

Tax-Consideration for Spousal and Child Support payments
Through a divorce or disbanding of marriage proceeding, spousal support or child support can be made. In spousal support, the payments are made by the former spouse for a limited year, and in child support, the non-custodial parents make the payments for the benefits of the young children.

Difference between spousal support and child support

In a relationship, two parties can be ended up for some reasons than one partner have to support to other partner. Usually, when one partner is better in financial condition, then that partner will have to support the other party financially, which is known as spousal support.

The partner who needs financial support will get this support until that partner becomes self-sufficient in his own money.  If any young children are present in the divorce time, then a question will arise who will support that child.

The parent who will pay for the young children is known as custodial parent who will handle all the expenses for raising the child. If the children are under the age of 18 age to 21 age and cannot independently because of education fees, illness and disability.

Both spousal and child support is acted in the Divorce Act and the Family Law Act. For spousal support, Divorce Act for the couples who were previously married and Family Law Act for the common-law couples.
On the other hand, for Child Support, the Divorce Act for the legally couples who are in the process of divorce or already are divorced and Family Law Act supports for those couple who are married and eventually will be separated.

One more thing that in spousal support, tax return is deducted from the payer’s income, and in child support, it is not applicable.

So here, it is a brief discussion on the differences between spousal maintenance and child support, which will help to understand in a better way.

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