country22
New
Reged: 04/23/08
Posts: 8
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I know judges award alimony at their discretion but this judge awarded the husband $1300 in alimony because he deducted $20,400 in child support (that he is required to pay) from his income. Then the difference in incomes was great enough to allow for alimony. Isn't this backward? Shouldn't alimony be determined first then added to the husband's income and deducted from her income before child support is determined? She has her own business and is sole provider for 4 children under the age of 13. HELP!
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Jada
Platinum
Reged: 06/02/07
Posts: 3191
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[quote]I know judges award alimony at their discretion but this judge awarded the husband $1300 in alimony because he deducted $20,400 in child support (that he is required to pay) from his income. Then the difference in incomes was great enough to allow for alimony. Isn't this backward? Shouldn't alimony be determined first then added to the husband's income and deducted from her income before child support is determined? She has her own business and is sole provider for 4 children under the age of 13. HELP! [/quote]
Typically, alimony is supposed to be added to the income of the person receiving alimony and deducted from the person paying alimony before child support is calculated.
However; if there is a child support order for children from a previous relationship, that gets deducted from the income of the person paying the child support.
What you need to do is discuss a motion for reconsideration based on an error in the calculation with your attorney. They are more familiar with the laws in your area. You can also look up the child support guidelines in your state (go to the homepage of this website and click on the applicable state on your left) and see how they calculate child support.
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gigi
Platinum
Reged: 11/06/06
Posts: 4702
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You're right, that's generally the way it's done. I agree with Jada, find the law in your state and ask for a motion to reconsider based upon a mis-calculation.
The idea is that alimony is income and therefore will count taxable in whosever side it ends up on. After figuring out each person's income, you look at whether child support is owed. Sometimes, such as in a long marriage with equal parenting time, the alimony will even things up enough that the child support ends up being zero. Other times, such as in your friends (or your?) case, the net effect is that she pays him a little in alimony and he pays her back a ton in child support.
It's very rare for a person who gets full time with a pack of kids has to pay alimony back to the parent who is neither spending much time with the kid nor earning much $$.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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A few states calculate CS first and then determine
SS .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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country22
New
Reged: 04/23/08
Posts: 8
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This is the only judge in Ohio or the universe for that matter, who has his own formula for alimony. My sister (who is getting the divorce) wasn't even allowed to see the worksheet he used. When she asked for it he said it was complicated and he couldn't find it. The child support was calculated on the Ohio standard form. The judge then deducted it from husband's income and decided there was alimony needed. So all he said was you two decide between 400 and 750 for child support to be paid by husband. What that did was just reduce his child support. So she can't deduct the alimony at all because she is not showing any money going to him. I have never seen anything like it!!! We are down to the wire. Next week is the final pre trail hearing. HELP!! P.S. her attorney is worthless. so we (my sister and I are doing the final research for the final private meeting next tues. if they don't work it out the pre trial is Thurs. and... she will probably have to pay for another attorney. What a racket this is!
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country22
New
Reged: 04/23/08
Posts: 8
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I just thought that maybe I should have this post deleted as maybe her soon to be ex could see or her lawyer and use it against her. Should I try to get this deleted?
At the end of the rope. Haven't slept in days. Sorry.
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Jada
Platinum
Reged: 06/02/07
Posts: 3191
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She needs another attorney, ASAP.
What the judge is doing is wrong. And not within the guidelines. An attorney who is willing to fight is needed.
If the judge does go ahead and order what you stated, it won't hold up on appeal. But that is costly.
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Jada
Platinum
Reged: 06/02/07
Posts: 3191
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You have 6 hours to click on the edit button and edit or delete your posts. After that, there is nothing you can do about it.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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So all he said was you two decide between 400 and 750 for child support to be paid by husband. What that did was just reduce his child support. So she can't deduct the alimony at all because she is not showing any money going to him.
>>>>>>>>>>>> If alimony is awarded it's deductible to the payer and taxable to the payee . Proof of payment isn't necessary when it's used as an offset .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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country22
New
Reged: 04/23/08
Posts: 8
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Thanks! I will have her accountant look into this again. He is the one that told her is deductible but she would have to show
proof she paid him.
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