Divorcing parents have a lot on their minds with financial changes and new arrangements following the dissolution of their marriage, and of these, both child support and alimony are common.
Conceptually, most families assume that the man will be the one making alimony payments and providing child support, but by understanding and exercising a father’s rights, the male partner can make sure he receives fair treatment in this undertaking.
Child support and alimony can be less than clear from a father’s perspective, especially if the father has been out of the home as a breadwinner rather than spending time with the children.
Here are some insights and strategies for fair financial arrangements that foster a supportive environment for both the parents and children in a divorcing relationship.
Do Fathers Always Pay Child Support and Alimony?
Contrary to popular belief, fathers do not automatically pay child support or alimony. In fact, studies and data collection from the U.S. Census Bureau show that while women are typically awarded child support more often than men, the difference is not as significant as some sources may claim. While 53% of women receive child support, almost 30% of men do as well.
A large portion of understanding father’s rights in the legal system is dealing with this predisposition and ensuring fair treatment. In order to see an equitable assessment of who should be paying and receiving child support and alimony, fathers need to collect as much evidence as possible of their actions within the marriage and as a parent.
Legal counsel is invaluable here, as it can clarify which pieces of evidence are most effective and how to demonstrate that a father may deserve support, either for the child or to maintain his former quality of life outside the marriage.
Fairness in Child Support
The courts will factor in many elements when determining child support, the primary of which is what is most beneficial for the child. It stands to reason that, if one parent receives sole custody, it is more likely that this parent will also be awarded child support, because it is in the child’s interest to be sufficiently supported.
Other means by which a father can defend his rights during the child support determination is by clarifying his financial situation and demonstrating his need for additional funds.
For instance, the father should collect evidence of all of the expenses for which he is responsible for the child, such as healthcare, educational opportunities, food, transportation, and other elements, as relevant.
Then, he can compare this to his take-home pay to provide a basis for his claim of child support by demonstrating that his income is not sufficient to fulfill these needs comprehensively.
Understanding the Role of Alimony
Alimony is another type of payment that may be assigned during divorce. Alimony has nothing to do with children and custody; rather, it ensures a divorcing partner can maintain a standard of living similar to what they became accustomed to during the marriage.
It is more common for women to be awarded alimony because it is also more common for women to stay at home with children or for household reasons.
Thus, when they divorce, they do not have a paying occupation (or have one that pays less than their former spouse) and cannot maintain their quality of life. In such a situation, the court may order alimony payments.
Men can fight for their right to alimony by proving the elements of their new lifestyle that do not align with their former quality of living. Male partners who have made financial sacrifices on behalf of their wives are typically more likely to receive alimony.
However, alimony is rarely a permanent state; rather, it can be awarded for a short time immediately following divorce and may end naturally or when the receiving partner remarries. The family of the payor is not responsible for alimony payments, so if they should pass away, alimony payments would cease.
Defend Your Father’s Rights with Legal Guidance
Understanding your rights as a father is the first step in securing the financial support that you deserve following the dissolution of your marriage, with or without children.
Men have the right to receive alimony payments and child support where applicable, but to be awarded these benefits, many men will need to present a strong case with concrete and tangible evidence.
The attorneys at Milstein Siegel can help men to defend their rights in family court, helping them to receive financial compensation, either for themselves or their children.
Contact Milstein Siegel to schedule a consultation if you are fighting for alimony or child support during your divorce.
