Child Support, Spousal Support and Alimony Pendente Lite Print This Page
Support guidelines are mandated by federal and state laws. The amount of a child support, spousal support or alimony pendete lite is determined in accordance with the state support guidelines.
Child support is the responsibility of both parents. This obligation continues until a minor child reaches 18 years of age or graduates from high school, which ever occurs last. However, a parent may be required to support an adult child who is incapable of self-support due to a physical or mental disability.
The interspousal support obligation is a duty that arises upon marriage and continues as long as the marriage exists. After couples have separated, but prior to the filing for divorce, support payable to a dependent spouse is called "spousal support." A spousal support obligation arises out of the marriage relationship. Contrarily, after a divorce complaint is filed, support payable to a dependent spouse is called "alimony pendente lite" and exists only during the pendency of a divorce proceeding to enable a dependent spouse to prosecute or defend the divorce action. Both types of temporary support are calculated the same way, by taking a percentage of the difference in each party's respective net monthly incomes or earning capacities. Both alimony pendente lite and spousal support are taxable income to the payee and deductible by the payor.