What are my options for child support and alimony?

UPDATED: Oct 2, 2022

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What are my options for child support and alimony?

My husband and I are separating but not filing for a divorce just yet. What are my rights as far as custody of my children if it’s not amicable?

Asked on August 5, 2019 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Custody: the court will decide what custody arrangement is in the best interest of the children. Generally, the parent who was the primary (or "more primary") caregiver will be given custody while the other one will have visitation rights, though joint custody is a possibility, especially if the parents had been more or less equal in their child care responsibilities.
2) Child support: generally the parent who gets custody will receive child support from the noncustodial parent.
3) Alimony: if one parent earned much more than the other, paid much more of the family's living expenses, and/or has much higher earning potential, he or she will pay spousal support to the other.

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