How To Calculate Anticipated Alimony and Child Support
There are different reasons for child support and alimony.Regardless of whether they live with you or not, child support is awarded because you have an obligation to support your children.Most states use a formula to calculate how much child support you have to pay.Alimony is different.The court has wide discretion when it comes to alimony.If you have been married for a long time, alimony can be awarded to help your ex- spouse get back on their feet.Child support is usually calculated using a formula, but alimony is based on a variety of factors.
Step 1: The non-custodial parent's income is calculated.
Money is paid to cover a child's needs.The non-custodial parent pays child support to the custodial parent.Wages or salary from all jobs, self-employed income bonuses, profit sharing, severance pay, and deferred compensation money from a pension are some of the sources of income you should include in order to calculate the amount of child support.
Step 2: Estimate the custodial parent's income.
Some states only consider the non-custodial parent's income.In some states, both parents' incomes are considered.If you are the custodial parent, you should calculate your income the same way you did the non-custodial parent.
Step 3: Find the child support formula in your state.
Child support is determined by each state.You need to research how your state calculates child support.A rough estimate of how much the non-custodial parent will pay is provided by a formula.The formula in Texas calls for the non-custodial parent to pay 20% of his or her net income for one child.The parent must pay 25% of their income if there are two children.The percentages can be lowered if the non-custodial parent supports other children.Texas bases its calculations on net income, which includes federal income tax and Social Security and Medicare taxes.You can find the child support formula in your state by using the internet.
Step 4: You can use an online calculator.
There are many online calculator that you can use.Each will return an estimate of the amount of child support.You can find a calculator on the Attorney General's website or on a court website.If one is available, type "your state" and "child support calculator"Some websites have calculator.The formula they use may not be up-to-date because they aren't affiliated with your state government.
Step 5: Do you know what other factors a judge considers?
Depending on the circumstances, judges can increase or decrease the amount of child support above or below the guideline amount.The child's needs will be considered when setting child support.A child who is disabled will have high needs.Younger children may have unique expenses, such as day care, which older children don't.The non-custodial parent can pay.Before the divorce, the child's standard of living.The court may want to set the child support at a high amount if the standard is high.
Step 6: You should document your child's needs.
The purpose of child support is to make sure that the child has the same quality of life as the parents had when they were living together.A judge will consider certain child expenses, such as health insurance day care education expenses medical expenses.
Step 7: Understand the length of child support.
Child support lasts until the child reaches the age of majority in most states, which is 18.Child support can be extended if your child is living at home and attending high school.When he or she graduates, child support will not stop.Your child isn't 21.Age 18 is not a cut-off in some states.Your child is going to college.Child support may help pay for your child's college education in some states.Your child needs lifetime support.
Step 8: The tax consequences of child support can be overlooked.
You don't have to pay federal income tax on child support.The amount is not deductible if you pay child support.To be exempt from federal taxes, child support needs to be designated.Since alimony is not exempt from federal taxes, it can't be lumped in with it.Questions can be directed to a qualified tax attorney.
Step 9: You can reach an agreement.
A certain amount of alimony can be agreed to by you and your spouse.You can choose between a lump sum or monthly payments, as well as the duration of payments.Judges will not interfere with your agreement.If you decide that the alimony is non-modifiable, you cannot change it in the future.You can also get rid of alimony.One spouse might give up more property in exchange for not having to pay alimony.You cannot waive child support.
Step 10: Make a list of why you need alimony.
A national trend away from granting alimony to a spouse indefinitely.Courts will usually only award alimony for a limited amount of time.You put your spouse through school or supported their career if you are seeking alimony.You can be compensated for the money spent nurturing your ex- spouse's career if you worked while they got an education or started a business.You can't support yourself yet.One person in a marriage stays home to raise the children.You need time to get an education and find a job after a divorce.It is possible to qualify for which is often temporary.It lasts a long time for you to get on your feet.You are disabled.If alimony is not awarded a spouse with a disability will have to go on government assistance.You have been married a long time.Some states have generous alimony laws that allow divorced spouses to maintain their standard of living.You should check with an attorney.
Step 11: Determine each spouse's income.
A court wants to assess each spouse's ability to support themselves.You will have to fill out financial forms for this reason.All sources of income include salary or wages bonuses, allowances, commissions, and overtime business income, as well as self-employment income unemployment or workers' compensation disability benefits retirement, pension, or annuity payments interest and dividends rental income.
Step 12: Take each spouse's income and net worth.
It is more likely that a court will award alimony if there is a large discrepancy between the spouses' incomes and net worth.There are constantly changing alimony laws.If there was a disparity, lifetime alimony might have been needed.The disparity in income/wealth is just one factor that a court considers in some states.The other factors may be considered by the judge.The disparity could be great.The marriage could have been brief.The spouse who makes less is more likely to finish their college degree.In this situation, alimony may be short-term and rehabilitative.
Step 13: A court considers more than one factor.
The amount and duration of your alimony will be calculated by a court.There are factors that each state has.A qualified attorney can advise on how these factors apply to your situation.How long the marriage lasted will be considered by a judge.The amount of alimony increases with the length of the marriage.Some forms of alimony are only available if the marriage lasted for a long time.If the marriage lasted less than five years in Massachusetts, reimbursement alimony is not available.Each spouse has a potential salary.The court will look at the salary a spouse could make.If your ex doesn't want to work, the judge can "impute" a salary based on his education and work history.The judge will calculate alimony if your ex- spouse makes a certain amount.Each spouse has their own age.The spouse is more likely to get more alimony if they are older.Older people can't get more education or higher paying jobs.Younger people might get less alimony because the court thinks they have more time to advance in their careers.The person was at fault.Half of the states consider fault when determining alimony.A spouse who was unfaithful may not be eligible for alimony.There are other economic circumstances.
Step 14: How long have you been married?
You might think it's easy to determine the length of your marriage.Different states have different ways of calculating this length of time.In some states, the marriage ends when one party files a petition for dissolution.The end of the marriage will be marked by the date of separation in some states.The start date in some states is when you were married.Some states may consider a period of cohabitation before marriage.
Step 15: Find out if the court uses a formula for temporary alimony.
You can get alimony in most courts.It is easy to calculate temporary alimony according to a formula.You can find your court's formula by searching for "your state" and "temporary alimony." New York provides a calculator for calculating temporary alimony.
Step 16: Understand the consequences of alimony.
The spouse who pays alimony can deduct expenses from his or her tax returns.The spouse who gets alimony must report it as income.States have their own tax laws.Tax implications of alimony should be discussed with a tax professional.
Step 17: Find an attorney.
Child support and alimony are state-specific, so you need to get legal advice from someone familiar with your state's laws.Contact your local or state bar association to get a referral to a divorce attorney.The attorney has experience.On their website, you can find this information.Most family law issues are handled by someone who you will want to meet.If the attorney is a family law specialist, look to see it.Depending on the attorney's experience and whether they take continuing legal education classes and pass an exam, many states award specialist certifications.
Step 18: You can schedule a consultation.
When you have someone's name, call them and ask to schedule a consultation.You should check ahead of time how much the attorney charges and how you can pay.Attorneys can offer free or reduced-fee consultations.You should pay a fee.Let the attorney know you have questions.Free consultations are usually just meet-and-greets where you don't get much legal advice.
Step 19: Ask about child support.
You should bring a list of questions to the consultation.Do you think it matters how much the custodial parent makes?What other expenses can I get my ex to pay for?Do you think the judge will give me more child support than the guidelines suggest?Child support may be affected by remarriage.If my spouse makes a lot of money, what do I do?
Step 20: There are questions about possible alimony.
There are a lot of questions about alimony in your state.You might want to ask how the state calculates the length of the marriage.Does my state consider fault when determining alimony?Is it possible for me to get alimony if I cheated on my spouse?What kind of records will I need to get alimony?
Step 21: You need a lawyer to represent you.
You can ask for alimony or child support on your own.If a lot of money is at stake, you may want to hire a lawyer.Judges have a lot of discretion when considering alimony, and a skilled lawyer can put your case in the most compelling light.Since the judge might give you more child support than the minimum set by your state, you should consider hiring a lawyer.Ask the lawyer how much they charge.
Step 22: You can find other legal help.
If you are seeking child support, you can get help from your state's Child Support Division.Most of the offices won't help you get only alimony.You can find the Attorney General's office in your state.Call and ask.If you receive welfare assistance, the Child Support Division in your state will probably help you free of charge.Everyone can use the office.Depending on your situation, you may have to pay a small fee.