What Is the Difference Between Spousal Support and Child Support?

There are often financial issues you need to address when your marriage ends. Two of the most common types of financial support that the court orders are spousal support and child support. Though both provide financial assistance, they serve different purposes and are treated differently under the law. Here, a New York City divorce attorney from the Law Office of Vivien I. Stark, P.C., will help you understand the difference between spousal support and child support, which is essential for anyone going through a divorce or separation in New York.

Spousal Support

Spousal support, or alimony, which is called “maintenance” in New York, provides financial assistance to a spouse who has a lower income or cannot support themselves after a divorce. It helps each spouse maintain a reasonable standard of living like they enjoyed during the marriage. New York courts consider several factors when determining spousal support, including the length of the marriage, each spouse’s income and earning capacity, and each spouse’s contributions to the marriage.

New York uses a formula to calculate presumptive spousal support, but judges retain discretion to deviate from the formula based on individual circumstances. Depending on the case’s specifics, the court can award temporary or post-divorce spousal support.

Child Support

Child support, on the other hand, solely focuses on the financial needs of the children involved in a divorce or separation. It ensures that both parents contribute to the child’s well-being, regardless of their marital status. It helps cover the costs associated with raising children, including expenses like food, clothing, housing, education, and medical care.

New York calculates child support using the Child Support Standards Act (CSSA). This act provides a formula based on both parents’ combined income and the number of children. The formula applies a percentage of the combined income to determine the basic child support obligation. The percentage  ranges from 17% for one child, 25% for two children and up to at 35% for five or more children.

In addition to the basic child support obligation, the court may require parents to contribute to childcare expenses, health insurance costs, extracurricular activities, and educational expenses. Child support typically continues until the child reaches 21 years old or until they become emancipated.

Key Differences

The key difference between spousal support and child support lies in their purpose and the recipients and can be summarized as follows:

• Purpose: Spousal support aims to support a former spouse, while child support aims to support the child by covering the costs associated with raising them.
• Basis: Child support is typically based on a formula which applies as of 2024 to $183,000 of combined adjusted gross income. The cap for maintenance is $228,000 of the payor’s adjusted gross income.  Whether a court goes beyond the cap varies depending upon the parties’ income, lifestyle and other factors. The formula used for spousal support is lower if the higher earning spouse is also paying child support.
• Duration: The court can award spousal support for a fixed period or indefinitely, while child support generally continues until the child reaches 21 or becomes emancipated.
• Spousal support is not available in New York to parties who are not married. However, the recipient of child support is the parent with primary residential custody or the lower earning parent in the event the parties equally share residential custody of the child. There is no requirement that the parties be married to receive child support.

Understanding the distinction between spousal support and child support is crucial for anyone navigating the complexities of divorce or separation. Each type of support serves a different function and is calculated based on different formulas and factors, with unique guidelines for each. By gaining a clear understanding of these differences, you can better prepare for the financial aspects of your divorce or separation.