Legal Definitions - family support

Family support refers to a single, combined financial payment ordered by a court in a divorce or separation case. This payment is intended to cover both the financial needs of the children (known as child support) and the financial needs of one of the spouses (known as alimony or spousal support).

The defining characteristic of family support is that the court order does not specify separate amounts for child support and alimony. Instead, it is a single, undifferentiated sum meant to address both categories of financial obligation.

Here are some examples to illustrate this concept:

• Example 1: After a divorce, a court orders one parent, David, to pay his ex-spouse, Sarah, $3,000 per month in "family support." Sarah has primary custody of their two young children and was a stay-at-home parent during the marriage. This $3,000 payment is intended to cover both the children's living expenses (like food, clothing, and school supplies) and Sarah's own living expenses as she transitions back into the workforce. The court order does not specify, for instance, that $1,500 is for child support and $1,500 is for alimony; it's a single, combined amount.

  This illustrates family support because David's payment is a lump sum designed to meet both the children's needs and Sarah's spousal support needs, without the court explicitly dividing the amount between the two categories.

• Example 2: Mark and Lisa, who have one minor child, are divorcing. Lisa has a significantly lower income than Mark and needs financial assistance for both herself and their child. To simplify the financial arrangement and potentially offer certain tax planning flexibility, the court issues an order for Mark to pay Lisa $2,500 per month as "family support." This single payment is meant to provide for their child's upbringing and contribute to Lisa's household expenses, rather than being broken down into separate child support and alimony figures.

  This demonstrates family support because the court has mandated a single payment from Mark to Lisa that serves the dual purpose of supporting their child and providing spousal support to Lisa, without itemizing the specific allocation for each.

• Example 3: During a divorce mediation, Jennifer and Tom, who have a teenage daughter, agree that Tom will pay Jennifer a monthly sum to help with their daughter's expenses and to provide Jennifer with temporary financial assistance while she completes her education. The final court order formalizes this agreement as a $2,000 per month "family support" payment. This means the $2,000 covers both their daughter's needs (such as extracurricular activities and future college savings) and Jennifer's living costs during her studies, without the order specifying how much of that $2,000 is strictly for the child versus for Jennifer.

  This example highlights family support as the court's order combines the financial obligations for both the child and the spouse into one unified payment, rather than issuing separate orders for child support and spousal support.