South Carolina’s family law statutes can be difficult to understand. This is particularly true for alimony and child support. While both alimony and child support involve payments from one spouse to the other spouse, alimony and child support are different in many ways.
You should acquire a good understanding of the differences between alimony and child support before you file for a legal separation or divorce in Charleston. Your enhanced knowledge of SC alimony and child support could have a significant impact on the outcome in your Charleston divorce.
Listed below are some of the more significant differences between alimony and child support in a Charleston, SC divorce or legal separation.
- Child support payments are not tax deductible. Alimony payments are tax deductible.
- Child support payments are not income to the person receiving the child support. Alimony payments are income to the person receiving the alimony payments.
- Child support is based on the needs of a child for support during the process of a divorce and/or after a divorce becomes final. Alimony is based on the needs of a spouse for financial support during the process of a divorce and/or after a divorce becomes final.
- The amount of child support awarded in a Charleston divorce or legal separation is typically calculated on the basis of a mathematical formula. The amount of alimony awarded in a Charleston divorce is not based on a mathematical formula; instead, a Charleston divorce judge will apply a series of statutory factors to determine how much alimony will be paid.
- Child support usually ends when a child becomes emancipated, reaches 19, or graduates from high school – whichever occurs first. Your Charleston divorce judge can order that alimony will be paid for any period of time. You might even be ordered to pay alimony until you die.
- Child support usually continues regardless of the subsequent marital status of the person paying or receiving child support. Alimony typically ends upon the remarriage of the person receiving the alimony payments.
- Child support can be ordered regardless of whether the parents of a child have ever been married to each other. Alimony can only be ordered if a Charleston couple is getting a legal separation or divorce.
- Child support can be ordered only if the couple has a child. Alimony can be ordered regardless of whether a couple has a child.
Through discussion with your Charleston, SC divorce and alimony lawyer, you can learn more about the differences between alimony and child support and why they could be very important in your Charleston divorce or legal separation case. This is particularly true if you want to avoid a trial by negotiating a legal separation or divorce settlement agreement.
You may be able to negotiate divorce settlement terms regarding alimony and child support that maximize the financial and tax benefits for you and your spouse. Even if your settlement terms deviate significantly from how a Charleston divorce judge might decide your case at trial, your judge will probably accept your settlement terms if you and your spouse are represented by Charleston divorce lawyers.
HELP FOR YOU
As an experienced divorce and alimony attorney in Charleston, SC, I can answer your Charleston divorce and legal separation questions. To speak directly with me, please call me now at 843-631-7117.
Alternatively, please use the contact form to ask me any questions that you may have regarding your Charleston divorce or legal separation case. I will be quick to respond. You can be sure that I will keep strictly confidential anything that you write to me.
Working together, we will protect your rights and build a better future for you in Awendaw, Charleston, Daniel Island, Goose Creek, Isle of Palms, James Island, Johns Island, Kiawah, Mount Pleasant, North Charleston, Sullivan’s Island, Summerville, or West Ashley.