How Fault Affects Family Support in a Divorce

State divorce laws differ regarding allegations of marital fault in a divorce action. But with that said, most people would probably agree that today alleging fault in divorce action usually will have little or no effect on the subsequent court determinations as awards of child support and/or spousal support. In awarding child support the court will always look to the best interests of the child and which parent is best able to pay for the child’s support. Spousal support these days is usually not ordered at all, but in the rare instances where support is ordered, it will be based on the spouse’s age, ability to become retrained to enter the work force and associated elements such as his or her general physical and mental health and whether or not this is the spouse that will have primary custody of infant or young children. Fault grounds alleged in dissolving the marriage may be persuasive to a judge responsible to make subsequent child and spousal support determinations especially where there were instances of abuse, intentional abandonment or felonious imprisonment of one of the spouses but in most States judicial support determinations and final orders are not made based solely on allegations of spousal fault in causing the breakdown of the marital relationship.

Effect of a No Fault Divorce on Spousal and Child Support

There is a stronger effect on subsequent court determinations as to spousal and child support where no fault is alleged for the breakdown of the marriage. A significantly positive effect, a court reciprocal co-operative effect concerning spousal and child support orders is generated by couples evidencing an overall maturity in ending the marriage without tearing each other and the family apart in the process. Courts really do note which couples are able to treat each other with respect and fairness in making personal agreements as to child custody issues and related financial responsibilities as they end their marital relationship and those couples are in turn treated with judicial respect, fairness and responsibility. If couples insist on making the end their marriage a three ring circus they can expect that the court will send in the clowns.

Getting Legal Help

If you or a member of your family is considering dissolving your marriage and you would like to access legal assistance to that end it would be helpful to contact a divorce attorney and discuss the nature of the divorce action and the needs of the spouse and the marital children. An experienced divorce attorney can provide the guidance needed.

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