Hey. Today, I’m talking with Allyson Hilliard about spousal support and child support. How much can I expect to receive or pay in spousal support?
That all depends on the situation. I guess your question is kind of two fold. In West Virginia, there’s not a formula. So there are factors that a court will look at. On a temporary basis, it’s generally based on need, but on a long-term, at the final hearing, it’s based on 486301, and there are 20 factors that the courts will look at and weigh. And, at the end of the statute, there is an additional one that the courts can look at: conduct. Which contribute to the breakdown of the marriage. That could come into play for mountain duration. So there is no set amount that somebody will pay. No set amount that someone will receive. It’s based on a probably roughly about 20 to 21 factors that the court will look at.
Okay, and is that modifiable during the divorce?
I don’t believe there’s a statute that says that a judge cannot modify it, but is it likely? You just never know. I guess it would depend on the situation. If somebody lost their job. That would definitely come into play. If somebody couldn’t pay something, if they didn’t have the means to do it. But, I would assume that it could be, but is it normal to see that? No.
What’s the difference.. I know it’s kind of a twofold question when we include spousal support and child support. So what’s the difference there? What is the difference between spousal support and child support?
Child support is for the children is for the benefit of the child or children. And, spousal support is clearly for the maintenance and support of the spouse.
Same question as before with spousal support, but with child support, is that modifiable during divorce? Is that ever change during the process?
It could be changed if somebody lost their job or something like that, but child support is always subject to modification just because the courts look at the best interest of the child.
Now, what are my options if my ex spouse owes me child support or spousal support and refuses to pay?
Your best option would be to go through the Bureau of Child Support to have it taken directly from his or her paycheck. If they still refuse, to pay or if their self employed and you can’t get them to pay then there’s always recourse to the courts to petition for contempt.
Well, thank you so much.