Family law proceedings which involve issues of residence and contact often generate the most acrimonious（辛辣的） （ 5）. While many parents cooperate when it comes to sharing their children， not all do. For those that engage in litigation， there seem to be few limits. Court filings quickly fill with （ 6）accusations by one parent against the other， including sexual， physical， and emotional abuse， brain-washing， parental alienation syndrome， sabotage（破坏） ， and manipulation. It is these infrequent difficult custody battles that makethe news and sometimes distort the public s perceptions so that they appear more（ 7）than they are and the court s response appear inadequate.
Forum shopping to gain advantage occurs both between nations and where laws and practices differ between areas within a nation. The Hague Convention seeks to avoid this， also in the United States of America，the Uniform Child Custody Jurisdiction and Enforcement Act was （ 8）by all 50 states， and family law courts were forced to defer jurisdiction to the home state.
IV Discussion.
Googleout and explore the difference between Chinese and U.S.family law.
Alimony
Alimony， maintenance or spousal support is an obligation established by law in many countries that is based on the premise that both spouses have an absolute obligation to support each other during the marriage （ or civil union） unless they are legally separated. In some instances， the obligation to support may continue after separation.
Historically， alimony arose as a result of the indissoluble nature of marriage. Because divorce was rare， husband and wife remained married after their physical separation and the husband s obligation to support his wife continued. With the growing view that men and women should be treated equally， the law recognized that both husbands and wives owed each other a similar duty of support. Accordingly， courts now may order either the husband or wife to pay alimony. In practice， it is more often the husband that is required to pay.
How alimony is granted
Once dissolution proceedings commence，either party may seek interim or pendente lite support during the course of the litigation.
Where a divorce or dissolution of marriage （ civil union） is granted， either party may ask for post-marital alimony. It is not an absolute right， but may be granted， the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce， the previous order is not automatically continued（ although this can be requested） ， as the arguments for support during and after the marriage can be different.
Unless the parties agree on the terms of their divorce in a binding written instrument， the court will make a determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.
Constitutional issues
In the United States there is a growing school of thought that views pure alimony， payments to a former spouse ordered by a state for the purpose of support and maintenance， as unconstitutional on at least two grounds. First， as a violation of the Thirteenth Amendment to the United States Constitution，which explicitly forbids involuntary servitude， a man or woman who is ordered to pay a portion of his or her earnings to a former spouse has， in this view， been forced by the governmentinto a state of involuntary servitude. Secondly， it is seen as a violation of the Equal Protection Clause under the Fourteenth Amendment to the United States Constitution. When a former spouse is ordered by the government to pay alimony there is seldom， if ever， a reciprocal order for the former spouse in receipt of such alimony to do anything in return.
Alimony and child support compared
Alimony is not child support， which is another ongoing financial obligation often established in divorce. Child support is where one parent is required to contribute to the support of his or her children through the agency of the child s other parent or guardian.
Alimony is treated very differently from child support in the United States with respect to taxation. Alimony is treated as income to the receiving spouse， and deducted from the income of the paying spouse. Child support is not a payment that affects U.S. taxes as it is viewed as a payment that a parent is making for the support of their own offspring.
If a party fails to pay alimony， there are not generally any special legal options available to the party that is owed money. In many jurisdictions， people whose child support obligations go into arrears can have licenses seized； in a few states they can even be imprisoned. Someone trying to recover back alimony can sometimes only use the collection procedures that are available to all other creditors . In some states， if someone is unable to pay all of his or her alimony， he or she will be found in contempt of court and placed in jail.
