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Roger, Attorney
Category: Family Law
Satisfied Customers: 31731
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a non-custodial parent collect alimony from the

Customer Question

Can a non-custodial parent collect alimony from the custodial parent? Our non-custodial daughter had full custody of 2 children while the custodial parent spent 1 year plus on a job in California.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, it is possible for the non-custodial parent to receive alimony/spousal support as that has nothing to do with child support. However, if the divorce was granted and the court didn't award alimony, it is very, very unlikely that the court will grant it in a post-divorce action.

Expert:  Roger replied 1 year ago.

The reason is that alimony is a need-based award, meaning that the spouse must prove that he/she NEEDS support from the other spouse in order to maintain his/her standard of living. If she's been living on her own since the divorce without support, then it would be unlikely that she can prove that she needs the support. Also, as a general rule, support of this nature isn't generally allowed AFTER the divorce has been granted.