Financial Support of Spouses and Children

Question 1

Spousal Support

Answer 1

Spousal support (also called maintenance or alimony) is the obligation of one spouse to provide the other with support in the form of income.

Question 2

Lump Sum

Answer 2

A lump-sum spousal support award is a fixed and irrevocable amount that may be made payable in a single payment or in fixed periodic payments for a specific period of time.

Question 3

Permanent Alimony

Answer 3

Permanent alimony is an award for the remainder of the dependent spouse’s life, unless certain circumstances occur.

Question 4

Limited-duration Alimony

Answer 4

Limited-duration alimony is established for a limited period of time.

Question 5

Rehabilitative Support

Answer 5

Rehabilitative support is for a limited period of time (e.g., until the spouse receives education or employment).

Question 6

Reimbursement Alimony

Answer 6

Reimbursement alimony is awarded to compensate a spouse for financial sacrifices made during the marriage that resulted in a reduced standard of living to secure an enhanced standard of living in the future.

Question 7

Palimony

Answer 7

Palimony is support provided by one unmarried cohabitant to another after the dissolution of their relationship.

Question 8

Modification of Support

Answer 8

Spousal support may generally be modified if the party seeking modification establishes that a significant and continuing change in circumstances in the needs of the dependent spouse or financial abilities of the obligor warrant the modification.

Question 9

Necessaries Doctrine

Answer 9

Under the common-law necessaries doctrine, a husband was obligated to support his wife. A necessary item was something suitable to the parties’ station in life, including medically necessary care.

Question 10

Jurisdiction

Answer 10

A court hearing a family-related dispute must generally have both subject-matter jurisdiction and personal jurisdiction. Most states have statutory residency requirements, typically ranging from six weeks to two years, for a court to have subject-matter jurisdiction. The Full Faith and Credit Clause applies to divorce decrees as long as one of the spouses was a resident of the state that granted the decree.

Question 11

Child Support

Answer 11

Child support is the payment by one parent to the other for the support of a common child.

Question 12

Enforcement of Awards

Answer 12

Both child- and spousal-support orders are enforced through contempt orders, income withholding, or withholding of tax refunds.