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#278573 - 09/05/07 11:44 AM Alimony/Child support
MadDad Offline
newbie

Registered: 08/08/07
Posts: 30
Quick question. In Nebraska is alimony paid taken into account for purposes of child support? i.e. if I pay my ex $750/month is that amount reduced from my income and added to hers before calculating child support?

It would seem that the feds would supercede any state jusrisdiction in this matter since it is not explicitly stated in the child support guidelines and the feds consider it income for the spouse receiving the alimony.

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#278574 - 09/05/07 12:11 PM Re: Alimony/Child support [Re: MadDad]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
[quote]Quick question. In Nebraska is alimony paid taken into account for purposes of child support? i.e. if I pay my ex $750/month is that amount reduced from my income and added to hers before calculating child support?

>>>>>>>>>>> Yes , alimony is both taxable to the receiver and considered as income for CS purposes .

It would seem that the feds would supercede any state jusrisdiction in this matter since it is not explicitly stated in the child support guidelines and the feds consider it income for the spouse receiving the alimony.

>>>>>>>>>> Is it a temp. or perm. order ?
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#278575 - 09/05/07 01:08 PM Re: Alimony/Child support [Re: googledad]
MadDad Offline
newbie

Registered: 08/08/07
Posts: 30
Right now it is a temp. My lawyer says no, it is not included in the ex's income, only for fed tax purposes. But I can find nothing which states that it should not be.

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#278576 - 09/05/07 01:13 PM Re: Alimony/Child support [Re: MadDad]
MadDad Offline
newbie

Registered: 08/08/07
Posts: 30
The child support guidlines simply state that income should include 'Total monthly payments from all sources (except payments received for children of prior marriages and all means tested public assistance benefits)'

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#278577 - 09/05/07 01:13 PM Re: Alimony/Child support [Re: MadDad]
MadDad Offline
newbie

Registered: 08/08/07
Posts: 30
Plus, I'm not terribly confident in my lawyer.

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#278578 - 09/05/07 01:39 PM Re: Alimony/Child support [Re: MadDad]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
[quote]Right now it is a temp. My lawyer says no, it is not included in the ex's income, only for fed tax purposes. But I can find nothing which states that it should not be. [/quote]

I looked up the guidelines , alimony is calculated after CS is figured ( never saw that one before ) so it would not be included in the calculations . Your attorney is correct . The main problem with temp. support orders is that judges tend to make them much greater than what would be ordered permanently due not being familiar with all the financial information .
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