When it comes to getting a divorce, couples are usually forced to think about money in different ways. A couple (or a court) will divide money based on the assets and debts that the individual spouse has, by child support (if they have children), and by alimony. When it comes to the first category—assets and debts—they are typically split 50/50 between the couple unless there is a particularly strong reason to do otherwise. However, assets and debts do not affect the other two categories in the same way that child support can affect alimony. Thus, the amount of child support one spouse pays will affect the amount of alimony they pay as well. If you are going through a divorce and working through alimony and child support questions and issues, please reach out to a lawyer, like a divorce lawyer from Pioletti Pioletti & Nichols, today. He or she will make this process as smooth and stress-free as possible.
What usually affects the alimony amount?
There are many things that affect how a court decides on a specific amount for alimony. Some of these are:
- How old each spouse is.
- If there was marital misconduct.
- How long the couple was married for.
- Each spouse’s earning potential.
- The mental and physical health of each spouse.
How does a court typically calculate alimony?
When it comes to calculating alimony, a court will typically look at a few things. They will likely see that one spouse makes less than the other after taxes are taken out, and the court will compare this to what that spouse’s monthly expenses are. In doing this, a court can see that if one spouse has a monthly income of $2,000 but has $3,500 of necessary monthly expenses, the net income is a negative number. When this is the case, a court will likely decide that you need alimony, typically at the amount of money leftover (in this case, $1,500).
How does child support affect alimony?
A court considers child support to be income, thus it increases the dependent spouse’s net monthly income. So, if the person is making $2,000 a month and receives $900 a month in child support, they would only need to receive another $600 to reach the necessary $3,500 for monthly expenses.
In short, how does this affect the two spouses regarding alimony and child support?
- For the dependent spouse, they will likely receive less money specifically for alimony but more money in terms of child support.
- For the supporting spouse, they will likely pay less in alimony and pay more in child support.
Get Help from a Family Law Attorney Today
When it comes to divorce, blood pressure and stress can begin rising when money comes up. However, the court has a solid system in place when they determine who gets alimony or child support and how much they should get. If you have any questions on how child support affects alimony, please reach out to a caring and trusted attorney today.