NCJ Number
130567
Journal
Juvenile and Family Court Journal Volume: 42 Issue: 2 Dated: (1991) Pages: 15-26
Date Published
1991
Length
12 pages
Annotation
In the past few decades, an area of family law that has evolved quite dramatically is that of alimony and maintenance which includes child support. Some presumptions have been overturned and molded to fit the concept of sexual equality.
Abstract
Both parents are responsible for the support of their children to the extent of their resources and ability to pay. The amount of support which a court orders a parent to pay takes into consideration the child's needs and the parent's income. In some cases involving conflict between parent and child, the duty to support has been negated. The extent of the duty to support varies among States. In recognition of women's rights as parents and co-equal partners, the concept of spousal support has evolved to mean that support and maintenance should be provided by the economically capable spouse to the spouse deserving of support. The issue of support between unmarried couples is one that will have to be addressed in the 1990's. Alimony, intended as a substitute for the spousal right of support during marriage, is awarded either in conjunction with the entry of a final divorce decree or as a temporary measure during the pendency of the divorce action. The second type of alimony, alimony pendente lite, aims to enable the dependent spouse to maintain the divorce action at financial parity to the other party. 74 notes