Monday, July 9, 2012

More Men Receiving Spousal and Child Support

After a divorce, spousal support (known as maintenance) and child support often has to be paid by one half a former couple to their ex-partner. This usually occurs where one spouse earns more than the other, particularly if the difference is significant.

In the past it was usual for men to earn much more than women. In fact, there was a time when women in work was rare and they usually stayed at home to look after children. With women having never worked or having given up work it meant that their earning potential was limited post-divorce. They may have given up the opportunity of a career to be a wife and mother, with the latter continuing after the divorce. This caused laws to be introduced whereby men would be required to make maintenance payments to their ex-wives, both to support themselves and, where relevant, support their children. Maintenance would depend on the difference in earnings as well as each person's costs.

Sometimes maintenance and child support is agreed between a former couple while there are other times when it is dictated by a court of law. If one half of a former couple do not believe they are getting the support they should be they can seek legal assistance in an attempt to gain this. Where it is deemed that the lower earning person or the parent with primary custody should be receiving support then this will be ordered. This can be particularly the case where one person has given up a potential career for family reasons, such as staying at home to look after children.

In the past maintenance and child support was something that in the vast majority of cases was paid by men to women. While this is still more common, times are changing, and women supporting men in this way has become more of a regular occurrence.

It is no longer certain that a man will earn more than his wife with more women in high authority positions and more women earning high salaries. An increasing number of couples decide that it make sense for the husband to stay home a look after their children while his higher earning wife works.

Due to the changing nature of families it is more common that a woman is in a better financial position that her ex-husband after their divorce. This means that instances of women having to make maintenance payments to men is becoming increasingly common. With men also looking after children more it means that cases of them having primary custody of children post-divorce is also becoming more common. Mothers are, therefore, more likely to have to pay child support rather than receive it.

There is much more variety in how families work these days with it not always the case that a man is the higher earner. This means that men are more likely to need the financial support of their ex-wives, and in turn, more likely to receive spousal support or child support. The proportion of men receiving support is still low compared with women but it is rising, a trend that is likely to continue in the future.

Andrew Marshall ©



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