Financial considerations permeate a divorce case, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Property division, alimony and even child custody represent elements of marriage dissolution proceedings with financial ramifications. Proper divorce planning requires an examination of the interrelationship between these types of issues and your ultimate marriage dissolution.
Considerations
The issues of child custody and associated financial support and alimony represent separate and distinct legal considerations, according to the American Bar Association Section of Family Law. The fact that you win alimony in a divorce case does not affect the amount of money you receive for child support, and vice versa.
Function
The function of a divorce is to terminate a marital relationship and issue appropriate orders associated with matters including financial issues and custody of children. Alimony is designed to permit a party the ability to maintain a standard of living similar to what existed during the marriage so that he has the ability to establish a financially independent existence. Finally, child custody arrangements and associated financial support are designed to protect the best interests of the children, according to Cornell University Law School.
Benefits
Ultimately, the orders of the court in a divorce case regarding such matters as alimony are intended to resolve financial issues in a fair way, and in a manner consistent with the laws of a particular state. Child custody orders focus first and foremost on protecting children. A secondary consideration is to ensure that both parents maintain appropriate contact with their children during and after a divorce proceeding.
Warning
A judge in divorce proceedings establishes specific deadlines through which spouses can make different claims. For example, the judge will establish a deadline for filing a motion for custody or alimony. The failure to meet such a deadline can result in a spouse permanently being barred from making that request later in the course of divorce proceedings.
Expert Assistance
Defending your rights associated with divorce proceedings generally, and with alimony, child custody, and child support specifically, requires a significant understanding of applicable law. Consequently, your interests likely are best served if you retain the services of an experienced family law attorney. The American Bar Association maintains resources designed to assist you in finding and hiring the best lawyer for your particular situation.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Overview
