pop88
recently joined
Reged: 05/31/13
Posts: 3
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Hi-seems like more posts here than in my state forum so will start here.
x wants to have Court add my first year of Alimony to imputed income to REDUCE future alimony and INCREASE child support.
Seems a bit crazy to me. Is this "normal?" I know, nothing is normal...
Thanks,
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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Not sure what exactly you're asking.
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pop88
recently joined
Reged: 05/31/13
Posts: 3
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What I am asking is: 1.can the alimony I receive be added to my imputed income to reduce child support?
And, 2. can alimony be added to my imputed income to recalculate my alimony?
Seems like a bit of "catch 22" to me.
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finz
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Reged: 06/17/08
Posts: 6481
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Your having additional income from ANY source should not impact HIS child support payments which are based on his income. If you win the lottery and can contribute more to supporting your kids, the kids still deserve to be supported by their father too.
I don't understand his point in thinking he might be able to get your spousal support lowered by having the judge consider your total income of imputed income plus spousal support. Obviously, that 'new' figure is contingent on having your spousal support remain at it's current level to keep your adjusted total income high.
Sounds like he jus wants to waste more time and money going back to court.
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gr8Dad
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Answer to number one is, of course, YES. Alimony is INCOME to YOU. It is tax deductible to the payer, and YOU have to pay taxes on it. It is YOUR money, given to YOU. So, in an INCOME SHARES state, where they use both parties income to calculate child support, yes, alimony paid to YOU, is DEDUCTED from his income, and added to your income BEFORE the child support calculations are done.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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gr8Dad
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Reged: 06/07/04
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"Your having additional income from ANY source should not impact HIS child support payments which are based on his income."
Untrue, in an income shares state, they figure TOTAL income of BOTH parents, and based on that, they determine who is responsible for what amount. So if the income of the CP goes up, it CAN result in the NCP's amount going down. And even in a NON income shares state, child support is figured AFTER spousal support is deducted.
And if you think about it, its only fair, especially when talking about alimony. Say the NCP is making 100K a year. But they are paying OUT 30K in alimony. Would it be fair to base their child support on them making 100K when in REALITY, they are only making 70K?
"I don't understand his point in thinking he might be able to get your spousal support lowered by having the judge consider your total income of imputed income plus spousal support."
THAT part is true. If you used spousal support amounts to REDUCE spousal support, mathemetically, it is a spiral that would eventually reach zero. But Child support is caculated AFTER Spousal Support is deducted from the payer and added to the payee.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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pop88
recently joined
Reged: 05/31/13
Posts: 3
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Thanks to those of you who replied. I think I have it all figured out.
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Debi
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Reged: 06/03/05
Posts: 7139
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I think I read this differently. It seems the person receiving alimony is paying CS. So the x paying the alimony is looking to use it to increase CS payments to the OP.
I would think that was all figured out by the courts prior to finalizing everything. Yes, the alimony is part of your income used in part to base a CS amount on but CS should already be based on your income with the alimony payments included. Your x would not be gaining anything that I can see.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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