Divorce is tough, and money matters can make it even tougher. If you’re facing divorce in Missouri with kids in the mix, you’re probably wondering: Can I get spousal support AND child support?
The short answer: Yes, you can. But it’s not as simple as checking two boxes. Let’s break down what you need to know to come out on top.
What’s the Difference Between Spousal Support and Child Support?
First things first, let’s clear up what these terms mean:
- Spousal Support (also called maintenance or alimony): This is money that one spouse pays to the other after a divorce. It’s meant to help the receiving spouse maintain a similar lifestyle to what they had during the marriage.
- Child Support: This is money paid by one parent to the other to help cover the costs of raising their children. It’s all about making sure the kids are taken care of, regardless of which parent they live with.
Now, here’s the important part: These are two separate things in the eyes of Missouri law. You can get both, one, or neither, depending on your situation.
So, Can You Really Get Both?
Yes, you absolutely can receive both spousal support and child support in Missouri. But (there’s always a but, right?) it’s not as simple as checking two boxes on a form.
The court looks at each type of support separately, but they also consider how one might affect the other.
Let’s look at a quick example:
Sarah and John are divorcing after 15 years of marriage. They have two kids, ages 10 and 12. Sarah has been a stay-at-home mom for the past decade, while John has a high-paying job. In this case, Sarah might be awarded both spousal support (to help her get back on her feet financially) and child support (to help with the kids’ expenses).
How Does Missouri Decide on Spousal Support?
When it comes to spousal support, Missouri judges look at a bunch of factors. It’s not just about who made more money during the marriage.
Here’s what they consider:
- Financial Need – Whether the spouse requesting support has enough property or income to cover their reasonable living expenses.
- Employment Ability – Whether the spouse can support themselves through employment or if they’re caring for a child whose needs prevent them from working.
- Available Resources – The financial situation of the spouse seeking support, including any marital property they received in the divorce and whether child support contributes to their needs.
- Education & Training – How much time and effort it would take for the spouse requesting maintenance to gain the education or job skills needed for financial independence.
- Income Differences – The difference in earning potential between the two spouses.
- Lifestyle During Marriage – The standard of living both spouses were accustomed to during the marriage.
- Debts & Assets – The financial obligations of both spouses, including marital and separate property.
- Length of the Marriage – Longer marriages may result in longer or more substantial spousal support awards.
- Health & Age – The physical and emotional condition of the spouse seeking support, which may affect their ability to work.
- Ability to Pay – Whether the spouse being asked to pay support can reasonably do so while still meeting their own financial needs.
- Marital Conduct – While Missouri is a no-fault divorce state, the court may consider misconduct, such as financial irresponsibility, when deciding on spousal support.
- Other Relevant Factors – Any additional circumstances the judge finds important in determining a fair maintenance award.
Here’s a real-world example:
Tom and Lisa are ending their 20-year marriage. Lisa put her career on hold to raise their kids and support Tom’s business. Now, at 50, she’s struggling to find a job. The court might award Lisa spousal support to help her transition back into the workforce and maintain a lifestyle similar to what she had during the marriage.
What About Child Support?
Child support in Missouri is a bit more straightforward. There’s actually a formula the courts use called the “Form 14.” This formula takes into account:
- How much each parent earns
- How much time the child spends with each parent
- The number of children
- Childcare costs
- Health insurance costs for the kids
But here’s the thing: The court can deviate from this formula if they think it’s necessary for the child’s best interests.
How Do Spousal Support and Child Support Affect Each Other?
This is where things can get a bit tricky. While you can get both types of support, they can influence each other in a few ways:
- Income Calculations: If you’re paying spousal support, that amount might be deducted from your income when calculating child support.
- Need Assessment: If you’re receiving a significant amount of child support, the court might decide you need less spousal support.
- Tax Implications: As of 2019, spousal support isn’t tax-deductible for the payer or taxable for the recipient. This can affect the overall financial picture.
- Duration: Child support usually lasts longer. Spousal support might be shorter, longer, or even permanent, depending on the situation.
What All of This Means for You
If you’re going through a divorce in Missouri and there are kids involved, here’s what you need to know:
- Yes, you can get both spousal and child support. Don’t let anyone tell you otherwise.
- Every case is unique. What happened in your friend’s divorce might not apply to you.
- The court looks at the big picture. They’re trying to ensure that both you and your kids are taken care of fairly.
- Documentation is key. Keep records of your income, expenses, and contributions to the marriage and childcare.
- It’s complicated. Seriously, there’s a reason people hire lawyers for this stuff.
What Should You Do Next?
- Get informed: You’re already doing this by reading this article. Good job!
- Gather documents: Start collecting financial records, tax returns, and anything else that shows your financial situation.
- Think about your future: What do you need to get back on your feet? What do your kids need?
- Talk to a professional: A family law attorney who knows Missouri law can be invaluable. They can help you understand your rights and fight for what you deserve.
How Raza Family Law Solutions Can Help
At Raza Family Law Solutions, we get it. We’ve helped countless people in Missouri navigate the complex world of spousal and child support. We know the law, we know the courts, and most importantly, we know how to fight for our clients.
Here’s what we can do for you:
- Explain your rights in plain English (no legal jargon, we promise)
- Help you understand what you might be entitled to
- Gather and present the evidence to support your case
- Negotiate on your behalf (because let’s face it, talking to your ex about money is no fun)
- Represent you in court if it comes to that
Remember, getting both spousal support and child support isn’t about “winning” or punishing your ex. It’s about ensuring that you and your kids have what you need to move forward after the divorce. It’s about fairness and taking care of the family, even when the family structure changes.
Don’t try to handle this alone. Reach out to us at Raza Family Law Solutions. We’re here to help you get the support you need and deserve. Let’s work together to secure a stable financial future for you and your children.