Which is determined first, alimony or child support? How is the calculation done? PPR does not work outside the home.
Child support is calculated using the child support guidelines, alimony affects the amount of child support you will receive. Even if the PPR does not work outside the home, income can still be imputed. You should consult an attorney to see what you may be entitled to.
Divorce / Separation Lawyer
I concur with Ms. Ginzburg. When calculating child support alimony, as well as any other sources of income, should be investigated in order to arrive at the appropriate amount of support.
IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.
Alimony is calculated first because it is included in the child support calculation.
It depends on how a case is being negotiated. Generally, alimony is used first, because it is used in calculating child support under the child support guidelines. However, in high income cases, or in cases where the child is over 18 years of age, and the guidelines are not presumptive, the parties can figure the needs of the child, i.e. college expenses, support, etc., and then calculate the alimony. Speak with an attorney immediately, as each case is different.
This office does not represent you. This email does not form any attorney / client relationship. In order to form an attorney client relationship with our office, our office requires both a signed retainer and payment of any initial fee. Further, since we have very limited facts relative to your matter, you should not rely on any of the general advice set forth within our answer. I would strongly recommend that you speak with counsel regarding your issue.
Divorce / Separation Lawyer
Alimony first. Deduct the amount paid from the income of the payor and add it into the income of the payee before calculating child support.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
You need to compute alimony first because it is an income shifting event. Earning capacity is the key.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed
Alimony must be determined first as it impacts the income for both parties in the child support calculation.
This post is not legal advice and does not create a confidential attorney-client relationship. It is being offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.
Alimony was created to assist a spouse who lost the opportunity to advance his or her career during the marriage. The purpose of alimony is to assist that spouse in maintaining a comparable life style that he or she shared while he or she was married. Some of the factors that a court will consider in determining whether or not to award alimony include, but are not limited to, their respective ability to pay, the duration of the marriage, the age and health of the parties, the standard of living during the marriage, their earning capabilities and employability and equitable distribution of the marital property. Whereas, Child support is determined by using the New Jersey child support guidelines. The guidelines utilize an income proportionate calculation to determine the noncustodial parent's weekly child support obligation. This weekly obligation is then adjusted to account for the noncustodial parent's overnight schedule, the cost of medical insurance, any extraordinary or reoccurring medical expenses, daycare costs and any other support obligation.
The child support calculation is presumed to be the accurate number and in the child's best interest. The court, however, does have the ability to deviate from the child support guidelines if it is found to be in the child's best interest.
Alimony is typically determined first and then factored into the child support guidelines. In order to determine whether an award of alimony is appropriate and, if so, what type, for how long and how much, courts are required to consider the following factors:
1. The actual need and ability of the parties to pay.
2. The duration of the marriage.
3. The parties’ age, physical and emotional health.
4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living.
5. The earning capacities, educational levels, vocational skills, and employability of the parties.
6. The length of absence from the job market of the party seeking maintenance.
7. The parental responsibilities for the children.
8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the opportunity for future acquisitions of capital assets and income.
9. The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities.
10. The equitable distribution of property and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair.
11. The income available to either party through investment of any assets held by that party.
12. The tax treatment and consequences to both of any alimony award including the designation of all or a portion of the
payment as a non-taxable payment.
Unless otherwise specified in your settlement agreement, alimony is taxable as income to the dependent spouse and non-taxable to the supporting spouse. Child support is not taxable to the recipient nor deductible by the payor and that is why alimony is determined first and then factored into the child support guidelines.
Family court can be a very confusing and intimidating experience for the self-represented litigant, especially one who has little experience with the legal system. It is important that you consult with an experienced family law attorney to find out what your rights are and how to protect your interests.
You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.
Additionally, below are links to articles and information that may assist you with your case.
Brad M. Micklin, Esq.
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.