When does alimony count as income when determining child support?
When does alimony count as income when determining child support?
She is now divorced and receiving alimony from her second husband. Could I get my child support payments modified based on the fact the spousal support she is receiving counts as income? In calculating a child support amount, one of the factors to be considered by the court is all of the financial resources of both of the parents.
How are spousal support payments used to determine child support?
For purposes of determining the appropriate amount of child support, courts will consider spousal support payments received as a financial resource of the receiving spouse. In the situation you are asking about, the spousal support payments that are actually received by your ex-spouse are most definitely a financial resource.
Why does my ex husband not pay child support?
It could be the single most infuriating and problematic issue a divorced woman has to face: a settlement agreement is reached, and yet she never receives her court-ordered spousal and/or child support. Or maybe her ex-husband makes a few payments, or a few partial payments, and then the checks stop coming altogether.
How can I get my ex husband to pay my alimony?
The settlement agreement would also provide you with a security interest – the “lien” (via QDRO) –in your ex-husband’s remaining share to secure his obligation to you. Another way to ensure alimony payments is with an Alimony and Maintenance Trust (also known as a Section 682 Trust).
The settlement agreement would also provide you with a security interest – the “lien” (via QDRO) –in your ex-husband’s remaining share to secure his obligation to you. Another way to ensure alimony payments is with an Alimony and Maintenance Trust (also known as a Section 682 Trust).
It could be the single most infuriating and problematic issue a divorced woman has to face: a settlement agreement is reached, and yet she never receives her court-ordered spousal and/or child support. Or maybe her ex-husband makes a few payments, or a few partial payments, and then the checks stop coming altogether.
How is child support calculated in a divorce?
To simplify how this formula generally works, courts will determine the amount it would take per month to raise a child, add the incomes of both parents together and then figure out what each parent would owe based off their contributions to the total amount.
What happens if my husband does not pay alimony?
Alimony and other support can be collateralized through a QDRO. A judge can order that if your husband does not pay alimony, child support or other post-divorce financial obligations through the means agreed to in the divorce settlement agreement, these funds can be taken directly from his retirement plan.