Is alimony considered into gross income when calculating child support or doing a dissomaster?

Asked over 2 years ago - Pittsburg, CA

My income has significantly changed in the last year. My ex and I are arguing now over how much child support I should be paying (or in this case, based on my calculations using the CA CSS calculator, she should be paying me now). When we put in our gross incomes into this calculator (or to do a new dissomaster report), is the money I pay in Alimony supposed to be included in her gross monthly income, and removed from mine? I want to make sure we both have the right numbers going into this discussion... neither of us want to take this to court and just add a stipulation to the original agreement.

Oh, and I've remarried, does her income get included into the calculations? If it goes to court, does a judge look at her income?

Attorney answers (2)

  1. Keith LaSalle Allen

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . First, no, your new spouse's income does not get considered for purposes of child support, except to increase your tax bracket and decrease child support you would pay or increase child support she pays you. However, it can be considered in the spousal support calculations, as it affects your overall net available income for spousal support purposes. Review family code 4320 which provides the guide of what the court considers in making a spousal support order.

    Also, if your income has significantly changed since the original order went into effect, you should move to modify spousal support at the same time you modify child support.

    As to the calculations, you don't include spousal support you are paying her if you are going to recalculate both child and spousal. If you are not going to recalculate spousal and only child support, then yes you include it, because it is taxable income to her!

    If you are going to recalculate both c/s and s/s then do not put in the amount you pay her because that is going to be recalculated when you input the rest of the numbers.

  2. Edmund Lee Montgomery

    Pro

    Contributor Level 16

    Answered . Family Code 4057.5 states you cannot use the income of a spouse or significant other in the calculation of child support.

    Concerning the issue of spousal support. You would not include spousal support in the calculation of child support. You would not get a deduction for spousal support paid unless it is for another relationship. The spousal support payment received would also not be counted as income unless it was received from another party. [Family Code 4058 (1)]

    It appears that the two of you are the only parties so you would not deduct and she would not add any spousal support in your calculations.

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