How is alimony and child support determined in a divorce/child custody case?
If the mother makes close to $40,000 and the father the same, how much alimony is the woman entitled to and how much child support are the children entitled to?
The couple has been married for 12 years.
Answers:
Whether or not the woman gets alimony is dependant upon what her expenses are expected to be after divorce. She is entitled to be maintained to the extent of her current lifestyle.
As for the children, each state has a calculation for child support. It is based upon income of both parents with each of them carrying one-half the financial burden of the total costs including, but not limited to, housing, food, entertainment, clothing, vacations, haircuts, school costs, taxes,,,everything is figured in.
If you go to your states website, it will probably have a calculator to determine the cost.
u will both have to fill out an expense declaration, u may have to show proof like recipts, check stubs etc. then the courts will enter both expenses into a computer, hit the button then it will determine what the support should be. Mind you, if the spouse makes 40,000 for instance but his bills tally up to 38,000 the spaouse may only be ordered to pay 1000 or less. you do your own math. my example is just an example.
Alimony and child support are 2 different things. Get a really good lawyer.
Depends on the child support laws of the state. Some factors come into play. Are the couple sharing joint custody or will sole custody be sought. Are the medical/dental expenses going to be shared or covered by one parent. How will visitation be set up and then the last thing negotiated after care is established is support. I.e., if they split visitation 50/50 (which courts do not like to do) then there is no child support unless and I say unless there are special circumstances i.e. handicap child, special needs, medical bills, etc. Child support goes to the parent to cover the expenses of the child. Unless there happens to be a comfortable situation where an account is established for the child because both parents are self sustaining. It's rare but happens in hollywierd often. Generally working families do the every other week and share expenses the child support is determined for the care of child/children and goes to the parent that covers the expenses. Generally the woman, but it's becoming more popular for the male to receive child support. It is best to let the attornies battle that out with all of the elements involved there is no clear answer until they go before the judge.
the courts have a formula for child support that is based on what each parent makes along with how much time each parent has the child, you plug in the numbers and it gives you a value
Alimony is determined on what it requires to keep one spouse in the same standard of living that they had before divorce. It is often not given if both spouse make about the same amount
If you live in the US...
If they're making equal income, she probably won't be entitled to any alimony.
There are many purposes for alimony, but it is not to reward women merely for being married.
It's to assist those who have been in long-term marriages, out of the workforce for an extended length of time, and need assistance getting on their feet. It’s also a way to balance out unfairness in the financial situation. For example, in a situation where one party makes a significant amount more than the other, and especially if the other party contributed to their income ability by supporting them during school.
Alimony started out as a wonderful thing--a way to protect and provide for those women that deserved compensation--but too many women have attempted to turn it into something it was never intended to be. And if you’re thinking I’m a bitter man making this statement, I’m not. I’m a woman, and my husband is not paying and has never had to pay alimony to a previous spouse (because I’m his 1st wife).
Discuss the situation in detail with a local attorney, but again, she’s probably not going to qualify for any (because the incomes are equal). If you happen to be the man in this situation and she request alimony then I’d personally suggest that you contest it.
She will, of course, receive child support in the event she is awarded custody of the children.
EDITED TO ADD THIS:
As far as the ‘same standard of living’ issue. Yes, BOTH spouses are entitled to maintain the same standard of living. So the court will not ordered him to pay alimony so that she can maintain the same standard of living if doing so will decrease his standard of living. Think a wife living in a 4-bedroom house while hubby is struggling to pay for a one-room apartment. How would that be fair? It wouldn’t be, and the court realizes that.
Again the issue here is--you both have income and they are equal incomes.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: