Generally, child support and spousal support are two distinct legal obligations during a divorce or separation. However, there are instances wherein child support influence spousal support.
In Pennsylvania, several factors determine the calculation of spousal support, including whether child support is being paid. Below are some ways child support payments affect spousal support determination.
Considering available income
When calculating spousal support, the courts consider the income and earning potential of both spouses. If one spouse is paying child support, this could potentially reduce their available income, which the court can consider when determining their ability to pay spousal support.
Prioritizing the child’s needs
To ensure the promotion of children’s bests interests, the courts prioritize children’s needs, including financial ones, in any proceeding that could affect them. If a paying spouse has a substantial child support obligation, the court can take this into account when assessing their capacity to provide additional financial support to their spouse.
Adjusting payment duration and amount
Child support payments can influence the amount and duration of spousal support payments. Courts may adjust spousal support to account for the financial burden of child support on the paying spouse. This means the court may order one spouse to pay spousal support but adjust the amount to a smaller one or the duration to a shorter one to ensure child support obligations are not impaired.
How courts decide support obligations
Courts may consider the totality of financial obligations when determining spousal support, which includes any child support payments. This approach ensures that the financial support the court awards does not unfairly burden one party or leave the other without sufficient means to maintain a reasonable standard of living.
Nonetheless, each case varies based on their unique circumstances, so personalized research and guidance is usually necessary to find a resolution that will work to protect the involved parties’ rights.
