New York child support and alimony laws

May 16th, 2010

What happens in a New York court when it comes to child support?
At court, a hearing will be held to decide how much you will have to pay for child support. You should bring your latest tax returns, W-2s, paycheck stubs, and everything else you have to show your current income. The judge or hearing examiner will use this information and other information presented by other parties to decide what you should pay for child support for your child.

What if I do not go to the court hearing?
If you do not appear in court at the time the court expects you to, the court can declare that you are the father of the child and order you to pay child support even if you are not there. If you are not there, the judge or hearing examiner will decide how much you have to pay for child support without knowing how much you really earn. The judge or hearing examiner will also determine how much you owe in past child support for the child without knowing how much money you made during that past period of time.

If you do not go to court and show the judge or hearing examiner your financial situation, the amount the court orders you to pay may be more than you think you can afford. Because you did not show up, the court based the order on what it thought you earned, or on the needs or standard of living of the child, whichever is greater. As far as the law is concerned, that is what you owe. If you do not pay what you owe, steps will be taken to collect the money from you. The court may also enter a warrant for your arrest. Remember: These steps will not be taken if you show up at court when you are supposed to, with all the documents you need to show what you earn.

What happens after the court hearing?
When the judge or hearing examiner signs the order of support, a copy will be mailed to you. The order of support will tell you the amount you have to pay, the date that payments must start, and where to send your payments.

If you have a job, the child support agency will send a notice to your employer who will deduct the amount you have to pay directly from your paycheck. This will save you the time and trouble of getting bank checks or money orders, and paying for stamps to mail your payments. Your employer will send the payments directly to the child support enforcement agency. The child support agency keeps track of how much you owe and how much you have paid. It is the child support agency’s job to see that you make payments regularly and on time and to take action if you do not pay.

If you do not have a job, or are self-employed, you will be provided billing coupons and information about where and when to mail your child support payments. Your child support order will also tell you that you must tell the child support agency if you have any change in your income or you change or lose your job. If you do not do this, you could fall behind with your payments and then have to pay not only the current support amount, but also an additional amount to make up the payments you missed. If you fall behind on your payments, the child support agency will take enforcement actions to collect what you owe.

How much will I have to pay for child support?
To make sure that the amount a person has to pay for child support is fair, the court uses a standard guideline to figure out what a person should pay based on how much they earn in a year. Remember: You will not be ordered to pay an amount that is unfair under the law.

Besides support payments, you may also owe support back to the time your child was born. You may also have to pay for your child’s child care costs, uninsured medical expenses, and education expenses. If health insurance is available for your child through your employer, you will also have to get health insurance coverage for your child, as long as the health insurance coverage is available at a reasonable cost and is accessible to your child.

The court uses a standard guideline to calculate what you will pay, based on your adjusted gross income and on the number of children involved. The court first determines your gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish your adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:

* 17% for one child
* 25% for two children
* 29% for three children
* 31% for four children
* at least 35% for five or more children.

Then your share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

The guideline was put in the law to make sure that the court establishes support amounts that people with similar income will pay, and is based on estimates of how much parents would contribute if the family lived together. The guideline was not meant to take as much money as possible from a person who has to pay support, and it is not based on what the person who has to pay thinks should be enough.

You have to pay child support even if you receive unemployment benefits, disability benefits, Social Security payments, or worker’s compensation payments.

After the court determines the amount you should pay for child support, the court then considers how much income you will have after child support is deducted. If your remaining income would be less than or equal to the federal poverty income guidelines, an order for a lower amount (for example $25 per month) may be issued. This amount may then go up when your income increases, after review by the court.

Also, if your income is less than or equal to the federal poverty income guideline, there is a limit on the amount of unpaid child support arrears that can be accrued (built up). The amount that you owe when you are at these income levels cannot build to more than $500.

If your child is receiving temporary or safety net assistance from social services, the first $200 of any current child support payment you make will be given to the person taking care of your child, in addition to the monthly temporary or safety net assistance grant.

What if I can’t pay my child support?
If there is a change in your income (for example, if you are laid off, or get a different job that pays less than you were earning before), or there are other circumstances that affect your ability to pay your child support, you should immediately file a petition for modification with the court. The petition for modification is filed with the court that originally issued the child support order.

After the petition for modification is filed, a hearing date will be set. At the hearing you will have to present information, including documents about your change in income or other changes, to the judge or hearing examiner. Based on the new information, the court may change your order. If it does, the change will go back to the date that you filed the petition. You will also get credit for whatever you have paid since then. That is why you should ask for a modification immediately when you have a change in income. It is also why you should keep paying as much as you can.

Remember that only the court can change the amount you owe. Until it does, under the law you still owe the amount of support in the original court order. If you do not keep paying that amount until it is changed, steps will be taken to collect that amount from you. If you cannot pay all that you are supposed to, you should keep paying as much as you can until the court changes the amount. The worst thing you can do is not pay anything at all.

Will the amount that I owe change?
The amount that you owe for child support may change over time based on cost of living adjustments and changes in the amount of money you earn.

Every two years the child support enforcement agency automatically reviews each child support case to determine whether the amount to be paid should be increased due to cost of living increases. If the cost of living has increased by more than ten percent since the order of support was made or last reviewed, your order amount will increase by the amount of increase in the cost of living. For example, if the cost of living increases by fifteen percent, your order amount will be increased by fifteen percent.

Please note that the child support enforcement agency can make these cost of living increases to your order amount without going to court. However, before any change goes into effect, you will receive a notice telling you of the change and what you need to do to challenge the change.

What if I move?
As long as you are under a court order for child support, you must notify the child support enforcement agency if you change your residential and/or mailing address, telephone number, Social Security number, or driver’s license number.

What happens if I do not pay what I am supposed to?
Your obligation to support your child begins when your child is born. If you do not start paying support when your child is born or do not pay what you owe for pregnancy or birth expenses, the amount you should have paid starts to add up. Even if you start paying later, you may still owe money from the time before you were paying. This is another reason why it is best to pay support right from the beginning.

The child support enforcement agency keeps track of the money you owe. Amounts you owe that you have not paid are called arrears. If you have arrears, the child support enforcement agency will take steps to collect that money. These steps can include taking your tax refund, lottery winnings, and your bank accounts; suspending your driver’s license; and notifying credit reporting agencies about your debt. If you do not pay support, you can also be sentenced to time in jail.

You will get a notice in the mail before any of these things happen. The notice will tell you exactly what you have to do to stop them from happening. For example, if you get a notice that your driver’s license is going to be suspended, you can keep your license by making an arrangement with the child support agency to pay what you owe.

If you have moved and have not notified the child support agency, you will not receive important notices mailed to you to keep you informed about actions that are taking place on your child support account. Thus, you will not have the opportunity to take steps to stop the actions from taking place. In order to ensure you receive important notices, you must keep your address information up to date.

If you try to avoid being found, the child support enforcement agency will use many ways to find you, even if you go to another state. All states have child support enforcement agencies, and they all work together to find people who are not paying child support. Once you are found, enforcement actions will begin to collect all the money you owe.

What about visitation and custody?
Visitation and custody issues are separate from child support. If there is a support order and the other parent or guardian does not allow you to visit the child, you still owe child support. If you are having problems with your visitation rights or you have physical custody of your child, but do not have court-ordered custody, you need to go to court to get a court order stating that you have legal custody or to establish or enforce visitation rights. In the meantime, you must still pay the amount of child support that you have been ordered.

How can I help my child and myself?
Being a parent brings many responsibilities. Being a parent will also be the hardest and most rewarding job you will ever have. In fact, the benefits, rewards, and memories of being a parent are limitless and will last a lifetime and beyond. By showing your child that you care enough to be there for them, both emotionally and financially, you are showing them your love and respect. You are also teaching them what it means to be a parent—a skill they may one day pass on to their children.

Click Here For A New York Child Support Calculator (opens in a new tab)

State Abbreviation NY
Statehood July 26, 1788
State Capital Albany
Number of Counties 62
State Population (2005) 19,254,630
State Quarter Issue Date January 2, 2001
State Flower Rose
Nickname Empire State
State Flag New York State Flag
Area Codes 212, 315, 347, 516, 518, 585, 607, 631, 646, 716, 718, 845, 914, 917
Top 5 Cities (2000 population)
New York 8,008,278
Buffalo 292,648
Rochester 219,773
Yonkers 196,086
Syracuse 147,306
Major Sports Teams MLB: New York Mets, New York Yankees
NFL: Buffalo Bills
NBA: New York Knicks
NHL: New York Islanders, New York Rangers, Buffalo Sabres

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Oklahoma child support and alimony laws – PLUS an alimony calculator

May 16th, 2010

Oklahoma child support and alimony laws – PLUS an alimony calculator just for Oklahoma.

Parents have a legal and moral duty to maintain, protect and educate their children. When parents live apart, the state has an interest in seeing to it that parents, not the public, provide for their children. This obligation continues while the child is a minor. Courts have a duty to set child support. Parents may not waive child support as a matter of public policy.

Since 1987, Oklahoma has had child support guidelines. The statutory guidelines determine the amounts of support that parents at particular family income levels are presumed to spend on their children. Child support calculated under the guidelines is presumed by law to be the correct amount of child support.

How do child support guidelines work in Oklahoma?

In Oklahoma, the first step is to determine each parent’s adjusted gross income and add the numbers together to arrive at combined gross monthly family income. Gross income can be calculated one of several ways, including:

  • actual monthly income, or income equivalent to a forty-hour work week (overtime may or may not be included as the court deems equitable);
  • average monthly income while employed during the previous three (3) years;
  • minimum wage paid for a forty-hour work week, or;
  • imputed monthly income for a person with comparable education, training and experience.

For the self-employed, gross income is defined as “gross receipts minus ordinary and necessary expenses required for self-employment or business operations.”

The Oklahoma Child Support Guideline Schedule is used to determine the parents’ base child support. The schedule is based on the combined income of both parents and the number of children in the household. Each parent’s percentage share of the combined gross monthly family income sets that parent’s percentage share of the base child support obligation. The parent who is not the primary custodian of the child generally becomes the “obligor,” and pays the primary custodian his or her share of the base support.

The actual medical and dental insurance premium for the child is allocated between the parents in the same proportion as their adjusted gross income and added to the base child support obligation.

Can you give me an example of how Oklahoma child support guidelines work?

Terry makes $2,000.00 per month. Chris Makes $3000.00 per month. They have 2 children. Chris’s employer provides health and dental insurance for the children. Dependent coverage costs Chris $100.00 per month. Terry is the primary residential custodian. Chris has the children for 100 overnight visits per year. Employment related child care costs Terry $500.00 per month.

The parents’ combined gross monthly income is $5,000.00. Terry makes 40% of that total, and Chris 60%. The base monthly obligation for 2 children at this income level according to the child support guideline schedule is $943.00. Chris, the non-custodian, is responsible for 60% of the base child support, or $565.80. Since Chris provides health and dental insurance, Chris is entitled to a credit for Terry’s 40% share of the cost, in this case, $40.00. Chris pays Terry, the primary custodian, Chris’s share of the base child support ($565.80) minus the credit for Terry’s share of health insurance costs ($40.00), for a total monthly obligation of $525.80.

In addition to the monthly obligation above, Chris is responsible for 60% of Terry’s employment related child care, or $300.00.

Chris’s total obligation to Terry for monthly child support and child care in this scenario is $825.80 per month.

BASE MONTHLY OBLIGATION Terry Chris Combined
Gross Monthly Income $2,000.00 $3,000.00 $5,000.00
Percentage Share of Income 40% 60%
Base Monthly Obligation $377.20 $565.80 $943.00
DEPENDENT HEALTH INSURANCE
Monthly Health Insurance Premium $0.00 $100.00 $100.00
Monthly Heath Insurance Premium Share $40.00 $60.00
Premium Share Adjustment ($40.00)
TOTAL MONTHLY CHILD SUPPORT OBLIGATION $0.00 $525.80
Monthly Work and Education Related Child Care $500.00 $0.00 $500.00
ADJUSTED MONTHLY CHILD CARE $200.00 $300.00

Each case is different. Each variable presents the potential for disagreement. Your results will vary. You can calculate Oklahoma child support online (unofficially) at a site maintained by the Oklahoma Department of Human Services or at a privately maintained site dedicated to the Families In Transition program.

What is shared parenting and how does it affect child support?

The Oklahoma child support guidelines schedule presumes a “standard” time-sharing or visitation schedule in which the obligor parent exercises 70-90 overnight visits each year. “Shared parenting” in Oklahoma means that each parent has physical custody of a child overnight for more than one hundred twenty (120) nights each year. If the child support obligor exercises more than 120 overnight visits per year, the law presumes the obligor parent is spending more to care for the child. There is a complicated formula which adjusts child support depending on the additional number of overnight visits the obligor parent exercises. The more overnights, the greater the adjustment.

“Split custody” means that each parent has primary custody of one or more of the children. In split custody cases, separate computations are made for each parent and the amounts are offset against each other. The parent with the larger child support obligation pays the difference between the two amounts to the parent with the smaller child support obligation.

What happens if the parents’ income is “above the guidelines”?

The child support guideline schedule goes to $15,000 per month total combined income. For parents who make more than that, child support is computed using the maximum from the guideline schedule, and “an additional amount determined by the court.” The trial court considers three factors in setting support: (1) the child’s actual needs, (2) the parents’ ability to pay, and (3) the child’s prior standard of living. Base child support is still divided on a percentage of the parents’ combined income.

Courts have authorized different methods to providing support in high income cases. Some review of the specific needs of the child and assign child support on that basis. Others order support based on the top figure from the guideline chart, and further order direct payment of additional expenses such as private school or travel. Still others mechanically extrapolate additional support using income and support percentages from the top of the guideline chart.

It does not matter if the lower income parent receives an indirect benefit from child support. The benefit to the child is what the court considers. But there are limits to the benefits that may be accorded the children of even the wealthiest parents. This is described in one Oklahoma case as the “three pony rule,” that is, even if the parents can afford it, no child needs three ponies.

Can we agree on child support different from the guideline amount?

Yes, so long as it is in the child’s best interests. A Court may deviate from the child support indicated by the guidelines “if the amount of support so indicated is unjust, inequitable, unreasonable, or inappropriate under the circumstances, or not in the best interests of any child involved.” Both parties must be represented by counsel for an agreed deviation to be approved.

When does child support stop?

Any child in Oklahoma is entitled to support by his or her parents until the child reaches eighteen (18) years of age. If a child is still in high school, child support is paid until the child graduates or turns nineteen (19) years of age, whichever happens first. If you are paying support for more than one child, the child support does not drop automatically when one child no longer qualifies for support. You must take affirmative steps to recompute future support for the remaining child or children, and have the court enter a revised support order. When the last child no longer qualifies for child support, the support obligation ends if there is no past due support owed. An income assignment will continue in effect until the employer receives an order or notice amending or terminating the assignment.

Can child support be modified?

Yes. The court may modify or change a child support order whenever there is “a material change in circumstances.” Courts have held that a material change of circumstance can be an increase or decrease in the Obligor’s income, an increase or decrease in Obligee’s income, or a change in the needs of the child. Ordinarily a parent’s increased or decreased expenses due to, for example, remarriage, are not by themselves grounds for modifying child support. Child support is based on income, not expenses.

Child support may not be modified retroactively. Only future payments can be modified. If you think child support should be modified, sitting on your rights could cost you.

How do I know when the other parent’s income has changed significantly?

The Court may include an order requiring the parties to periodically exchange information for an informal review and adjustment process. Parents may also ask for the information by certified mail. On or after April 15th of each year, either parent may ask the other parent in writing to provide their previous tax year W -2 forms, 1099 form, or other wage and tax information. Failure to provide the information may result in an award of attorneys fees in the event a motion to modify child support is filed.

Who gets the income tax dependency exemptions?

Federal tax laws presume that the custodial parent is entitled to the federal income tax exemptions.

If the non-custodial parent takes the exemption, the custodial parent must sign a release of the dependency exemption to the non-custodial parent, IRS Form 8332. Oklahoma courts have the authority to allocate exemptions between custodial and non-custodial parents. The custodial parents can be ordered to release the dependency exemption.

The exemption for children may also be awarded to each parent in alternating years.

Is child support different in a Terryernity case?

Child support in a Terryernity case may be set prospectively. In addition, it may be set retroactively for up to five years before the Terryernity action is filed. A person legally determined to be the father of a child also may have to pay some or all of the costs of the birth. An action to establish Terryernity and support can be brought any time before the child reaches the age of eighteen (18).

How is child support collected?

Since 1994, all child support in Oklahoma is supposed to be collected by income assignment. An order/notice to withhold income for child support directs the obligor’s employer to pay a portion of the obligor’s earnings for child support. The withheld earnings are directed to a Centralized Support Registry operated in Oklahoma by the Department of Human Services. The Registry records the support payment and forwards it to the obligee parent. The record of payments maintained by the Centralized Support Registry becomes an official record of child support payments made.

An income assignment treats child support as a deduction from the gross earnings of the obligor parent. It is not a garnishment. It is more like the deductions for federal taxes, state taxes, social security or health insurance. An employer may not discipline, suspend, discharge, or refuse to promote a parent who owes child support because of an income assignment. An employer may be penalized for failure to honor an income assignment.

Parents can agree to pay and receive child support using alternate arrangements instead of an income assignment. Alternate arrangements are subject to court approval. Absent an agreement between the parties, a court will have to find just cause not to enter an immediate income assignment when entering a child support order.

Income assignment is a useful tool for both parents to make payment of child support a simple and transparent process.

How is payment of child support enforced?

Most court-ordered child support is owed until it is paid in full. All current court-ordered child support payments become judgments on the date they are due. All child support payments since late 1991 do not expire until they are paid. The primary tools for private attorneys to collect past due child support (in addition to other means available to collect any judgment) are contempt of court and license revocation.

Contempt of Court. The obligee parent may apply to the court for a citation against the obligor parent alleging contempt of court for failure to pay child support. To be found guilty of contempt, there must be:

  • an existing order for support, reduced to writing and filed in the court file;
  • knowledge of the order by the obligor, and
  • a willful failure to pay as required by the order.

A finding that an obligor is guilty of contempt of court carries a penalty of up to six months in jail, and a fine of up to Five Hundred Dollars ($500.00) per violation. The purpose of the jail sentence and fine is not to punish the non-paying parent, but to coerce compliance with the court orders. Courts will encourage and allow parents owing support to “purge” themselves of contempt. They do this by paying their past due support obligation in a lump sum, or in installments when the court finds it appropriate.

License Revocation. License revocation is a useful tool when the Obligor’s occuTerryion or hobby requires a state license. Bartenders, electricians, plumbers, real estate agents, truck drivers and welders are just a few of the hundreds of professions that require a state license to work. A state license is required to hunt, fish, drive a car or boat, carry a concealed weapon, or engage in many other recreational pursuits. There are approximately 300 such licenses issued by the State of Oklahoma. A court may, upon application, order revocation of all licenses held by a parent in arrears for child support. The threat of losing your driver’s license alone is usually enough to coerce compliance with a child support order, and to make payment arrangements to satisfy arrears.

State Abbreviation OK
Statehood November 16, 1907
State Capital Oklahoma City
Number of Counties 77
State Population (2005) 3,547,884
State Quarter Issue Date January 28, 2008
State Flower Mistletoe
Nickname Sooner State
Area Codes 405, 580, 918
Top 5 Cities (2000 population)
Oklahoma City 506,132
Tulsa 393,049
Norman 95,694
Lawton 92,757
Broken Arrow 74,859
Major Sports Teams None

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Alimony Calculator: The Judge & the Factors in the Equation

May 16th, 2010

50 States have this in common – The Alimony Calculator: The Judge & the Factors in the Equation

Alimony or spousal support is not a part of every divorce. Each state has its own laws as well as its own factors for calculating alimony, if any.

The judge has two tasks as an alimony calculator: (1) determining whether a spouse has a need for support in the first place, and (2) deciding on the amount of that support. The following are the most influential variables that the court will likely weigh in any case:

  • The length of the marriage
  • The ability of each spouse to work
  • The ability of the spouse to pay alimony.
  • The age and physical and emotional health of each party
  • The standard of living established in the marriage and the likelihood that each party can maintain a comparable standard
  • Parental responsibilities (the primary caregiver may find it hard to pursue an outside career)
  • The financial and non-financial contributions to the marriage by each party
  • The needs of each party
  • Vocational skills, earning capacities, educational levels, and employability of the parties
  • Liabilities of each party
  • The contribution of each to the marriage and the family

Also be aware that in states that allow fault divorces, fault for the breakdown of the marriage (in the form of domestic violence, desertion, drug abuse, or adultery, for example) can be considered when calculating alimony. If you show that your ex has taken up drugs, resulting in depleted marital assets, a judge may likely factor that into his or her alimony calculations. It is not enough to show that your ex was a “bad person” or “bad spouse”.

Although the above list represents the most common factors, there is no guarantee that anyone will receive the support amount that he or she wants. The objective is to demonstrate need to the satisfaction of the court.

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Child support and alimony laws in Arizona (Bonus item! Alimony calculator for Arizona)

April 9th, 2010

Child support and alimony laws in Arizona

Click here or dcroll down to read our Alimony in Arizona supplement

Arizona Child Support

The Arizona legislature is in the process of reviewing the Arizona Child Support Guidelines. This review process occurs approximately every 4 years in order to insure that the Arizona Child Support Guidelines are in sync with the current economic situation. The review process is required by federal law, which requires states to have child support lawsthat are: (a) applicable state wide; (b) take into consideration the non-custodial parents earnings and income; (c) are based on specific numeric and descriptive criteria; (d) results in a computation of the child support obligation; and (e) are reviewed and if necessary, revised, at least once every four years.

It is appears that there will be changes to the maximum combined gross income for child support and there will be changes to definitions to gross income when calculating Arizona child support awards. For example, one proposal is to indicate that cash value may be assigned to in-kind or other non-cash benefits for recurring contributions from any sources that reduce living expenses as opposed to making that a “shall” provision. A revised chart is being proposed for use in terms of defining adjustments for support of other children. These would be children for which the parent is legally obligated to support including children being supported by court order. There will also be provisions as proposed in the new guidelines to discuss situations when a parent’s income as the obligor is over $12,000 monthly. Recognition of possible changes to Arizona Child Support Guidelines is important.

Bonus Item – Arizona Alimony Calculator -

Arizona Alimony Infomation

1. Does Arizona have Alimony?

Yes. Alimony or spousal support may be awarded to either spouse for their support after the divorce. Alimony payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle. The lifestyle can not remain the same due to the paying spouse typically having to maintain two households for a period of time. Since a majority of spouses both work rewarding alimony is not extremely common although it does exist. Most of the time alimony is rewarded for a short period of time just to help the receiving spouse get on his or her feet again.

2. How is Alimony awarded?

Alimony is awarded based on one of the following situations:

  1. A spouse lacks sufficient property to meet his/her reasonable needs;
  2. A spouse must stay home with a young child and cannot support him/herself with reasonable employment;
  3. A spouse supported his or her education; or
  4. The marriage was lengthy and a spouse has little chance of finding employment.

The court considers the length of the marriage, the age of each spouse, health, employment, as well as the standard of living established during the marriage and other factors when establishing alimony.

3. How is spousal support or alimony paid or distributed?

There are several factors to be considered based upon the current laws:

* The advantages and disadvantages of lump-sum settlement.
* The amount of such payment and the method it will be paid (cash, property).
* Will it be paid in installments?
* Conditions attached to paying and receiving (disability, death, remarriage, cohabitation).
* Terms arranged to provide enforcement measures.
* Tax effects of proposed arrangements.
* The effects of will and inheritances.

4. What if I or my former spouse remarries?

Unless each spouse agrees, in writing, that the alimony will continue after the party remarries, the support will end. Remarriage of the paying spouse will not terminate his or her obligations of support.

5. What if my spouse quits working to stop his or her support?

A former spouse cannot terminate his or her support by simply “quitting” their job. The court has the discretion to attribute an income to a spouse who voluntarily quits working or reduces his or her income.

6. What are the risks involved?

There is always some risk involved with actually getting all of the court ordered payments. The factors that often lead to these risks are:

  • Additional expenses from new marriage or new family.
  • Cohabitation.
  • Incapacitation through illness.
  • Payment withheld as punishment, due to another order violation.
  • Refusal to pay.

In today’s world spousal support is somewhat of a rare thing. Many people believe it is assumed, but nearly one out of six divorce cases even consider it as an option.

In the past the wife was almost always the recipient, but the courts no longer view gender as a consideration. In most states, including Arizona, marital conduct is also not a consideration. It is purely a decision made due to the economic consequences of each spouse. If an agreement between spouses is reached, the court will give it significant consideration.

Here are some of the general factors considered (ARS 25-319):

  • The ability and time for each spouse to gain employment;
  • The employability of each spouse;
  • The future earning capabilities of each spouse;
  • Who will have custody of the child (will the custodial parent be required to work);
  • The length of marriage;
  • The ability for one spouse to pay the other;
  • The tax consequences of each spouse;
  • The age of each spouse; and,
  • The length of time support will be needed.

There are basic requirements for support to qualify as alimony under the Tax Reform Act of 1986. Support that is considered alimony is recognized as income therefore must taken into account when filing federal income tax. Typically, the spouse who pays support may deduct the payments as an expense. There are basic requirements for support to qualify as alimony under the Tax Reform Act of 1986.

State Abbreviation AZ
Statehood February 14, 1912
State Capital Phoenix
Number of Counties 15
State Population (2005) 5,939,292
State Quarter Issue Date June 02, 2008
State Flower Saguaro cactus blossom
Nickname The Grand Canyon State
State Flag Arizona State Flag
Area Codes 480, 520, 602, 623, 928
Top 5 Cities (2000 population)
Phoenix 1,321,045
Tuscon 486,699
Mesa 396,375
Glendale 218,812
Scottsdale 202,705
Major Sports Teams MLB: Arizona Diamondbacks
NFL: Arizona Cardinals
NBA: Phoenix Suns
NHL: Phoenix Coyotes

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Alimony and child support laws in New Mexico (Bonus! New Mexico Divorce Products and Services and calculator)

March 31st, 2010

Alimony and child support laws in New Mexico

Before you start your online New Mexico Divorce you should arm yourself with some good information on New Mexico child support laws and understand they dictate how much child support will be paid to the custodial parent. Child support laws in New Mexico are similar to those in other states, however each state has its quirks, and New Mexico child support laws are no exception. One thing which New Mexico has in common with all other states is that they do not take lightly failure to pay child support once there is a court order, so if you are having problems with paying your support, it is critical that you contact a qualified New Mexico child support attorney to help you get your payments reduced.

Child support is one of the most contentious issues in family law, and New Mexico child support issues are no exception. When dealing with New Mexico child support, it is best if you have a good New Mexico child support attorney to help you. But there are also some things which you can and need to know right up front about child support in New Mexico, and the New Mexico child support laws. While many people don’t realize it, most state child support laws are fairly fixed, and don’t take into account such things as what your or your ex’s actual child-related expenses are.

The child support laws of most states look at only a few factors, and you may find that your New Mexico child support award takes into account only:

  • How much you earn
  • How much your ex earns
  • How many children you have; and
  • What percentage of time the children are under each parent’s care and control

Sometimes, although not often, a court will consider expenses which it may consider extraordinary, however that is the exception, not the rule. In most states, for example, the cost of dancing lessons, sports lessons, or other discretionary extracurricular activities, will not be taken into account when awarding child support.

Nor does the court usually really care how much rent you pay, how much your mortgage is, or what your other living expenses are. They really only care about income, number of children, and the time the children are with each parent. This often confuses people who live in states which require the parents to fill out lengthy and complicated income and expense forms. Why do they want to know your expenses if they aren’t going to take them into account? It’s a good question, and often it is a holdover from days when they did things differently, but you still have to fill them out.

Some exceptions to the above rule include the cost of child care if it is required during the custodial parent’s work hours, or while they are going to school in an effort to create better job opportunities for themselves. In those situations, the non-custodial parent will often be ordered to pay part or all of that child care expense. The same will often hold true for medical expenses which are not covered by insurance, and if the children are not insured through the custodial parent’s employment, the noncustodial parent may also be ordered to pay for medical insurance for the children.

Whether any of these exceptions will apply in your New Mexico family law matter will depend on various factors, and you should consult a qualified New Mexico lawyer to determine what your options and rights are. If you need to find a New Mexico child support lawyer, you can consult our Find a New Mexico Lawyer page.

Fights over money, especially with respect to child support, lead to some of the most damaging family law cases of all – and such battles are particularly damaging to the children. In the end, it’s just money. Try to remember that as you weigh what is most important to you – money, or your children’s well-being, and your relationship with your children. Think about it in these terms: how much would you pay to someone to see your children happy? That is the flip side of a child support fight: how much are you willing to damage your children by exposing them to their parents fighting over who will pay how much for them?

New Mexico Divorce Products and Services

Bonus!  Here is a handy New Jersey Child Support Calculator

State Abbreviation NM
Statehood January 6, 1912
State Capital Santa Fe
Number of Counties 33
State Population (2005) 1,928,384
State Quarter Issue Date April 7, 2008
State Flower Yucca
Nickname Land of Enchantment
State Flag New Mexico State Flag
Area Codes 505, 957
Top 5 Cities (2000 population)
Albuquerque 448,607
Las Cruces 74,267
Santa Fe 62,203
Rio Rancho 51,765
Roswell 45,293
Major Sports Teams None

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Tennessee Divorce, Alimony and Child Support Laws

March 20th, 2010

Residency Requirements and Grounds for Divorce

You or your spouse must be a resident of Tennessee for at least six months in order to file for divorce. The legal divorce process begins when one spouse files a complaint for divorce. The divorce papers must be filed in a county where either you or your spouse resides.

Tennessee has both no-fault and fault divorces. For a no fault divorce, there only needs to be a statement that there are irreconcilable differences within the marriage plus a showing that the spouses have been living apart for two years. However, you and your spouse must be in agreement about child custody, child support, division of the property and division of any debt. In an irreconcilable differences divorce there is a waiting period of 60 days from the date that the divorce complaint was filed (90 days if there are children).

The fault grounds include:

  • Adultery
  • Desertion
  • Cruel and inhumane treatment
  • Conviction of a felony accompanied by a sentence of confinement in the penitentiary
  • Habitual drunkenness or abuse of narcotic drugs

If you and your spouse have children, you must each go to a parenting class. You also must each go to mediation and submit a parenting plan.


Dividing the Property

In Tennessee, assets and debts acquired during your marriage called “marital property” – will be divided “equitably” when you divorce. “Marital property” is all jointly owned property, other than separate property, acquired by either or both spouses during the marriage. “Separate property” is property owned prior to the marriage or property that was inherited or received as a gift. Separate property is retained by the owning spouse.

Examples of separate property:

  • Assets you had before you married may be considered non-marital or separate property if you kept that property separated from property acquired during the marriage
  • Income produced by a separate property investment may also be non-marital property, as long as it hasn’t been “commingled” – mixed together with marital property
  • Property you inherit from your family during your marriage will generally be considered your own separate property if it was willed exclusively to you and you did not commingle it with marital property during the marriage.

In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

  • Length of the marriage
  • Age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each spouse
  • Contribution by one spouse to the education, training or increased earning power of the other spouse
  • Relative ability of each spouse for future acquisitions of capital assets and income
  • Contribution of each spouse to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role
  • Value of the separate property
  • Estate of each spouse at the time of the marriage
  • Economic circumstances of each spouse at the time the division of property is to become effective
  • Tax consequences to each spouse
  • Amount of social security benefits available to each spouse

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Tennessee divorce lawyer can save you a lot of time and money.


Alimony

Alimony is a court ordered payment from one spouse to another for financial support. A court can order alimony to either party in Tennessee. In deciding the amount that should be paid, a court will generally consider such factors as:

  • Relative earning capacity, obligations, needs, and financial resources of each spouse
  • Relative education and training of each spouse
  • Duration of the marriage
  • Age and mental condition of each spouse
  • Physical condition of each spouse
  • Whether it is undesirable for spouse to seek outside employment because spouse will be custodian of a minor child
  • Separate property of the spouses
  • Distribution of the marital property
  • Standard of living
  • Contributions to the marriage
  • Relative fault of each spouse
  • Tax consequences of the award

A court can order temporary maintenance while the divorce is pending. The temporary order ends when the final judgment for divorce is entered.

The spouses may agree to make alimony nonmodifiable. If there is no agreement, maintenance may be modified only upon a showing of a “change in circumstances.” If alimony is not received at the time of the divorce, it cannot be obtained later.


Child Custody and Visitation

In Tennessee, the court will make child custody decisions based upon the “best interest” of the child. The court may award sole custody to one spouse or joint custody to the spouses or even custody to a third party. There is a presumption in favor of joint custody if both parents agree. The court considers all relevant factors including the following:

  • Love, affection and emotional ties existing between the parents and child
  • Disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
  • Importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
  • Stability of the family unit of the parents
  • Mental and physical health of the parents
  • Home, school, and community record of the child
  • The reasonable preference of the child if 12 years of age or older
  • Physical or emotional abuse to the child, to the other parent or to any other person
  • Character and behavior of any other person who resides in or frequents the home of a parent
  • Each parent’s past and potential for future performance of parenting responsibilities

The court may award either sole or shared custody if it is in the best interest of the child. If the court orders sole custody, it will usually award the non-custodial parent visitation rights to see the child.

After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. A “material change in circumstances” will justify a modification of a child custody order. The court will then consider the petition to modify custody using a best interests standard.

Tennessee courts will set visitation unless it would place your child in imminent danger of harm. The courts set holiday and special occasion visitation.


Child Support

In Tennessee, child support is a percentage of the non-custodial parent’s income that is paid to assist with the support of that parent’s child or children. Support is generally ordered through the age of 18 years old or until the child is a high school graduate.

A Tennessee child support order can be modified if there has been a “significant variance” between the child support guideline amount and the current support order. Upon application for adjustment by either party, the court must increase or decrease child support in accordance with the guidelines unless the significant variance occurs due to a previous decision of the court to deviate from the guidelines and the circumstances which caused the deviation have not changed.

In Tennessee, the court will take into consideration the following primary factors when determining what custody arrangement is best for a child:

(a) the love, affection, and emotional ties between the parents and child;

(b) the importance of continuity and the length of time the child has lived in a stable and satisfactory environment;

(c) whether there has been any domestic violence or physical or mental abuse to the child, spouse, or any other person and whether a parent has had to relocate to avoid such violence;

(d) the stability of the family unit;

(e) the mental and physical health of the parents;

(f) the home, school, and community record of the child;

(g) the reasonable preference of a child over 12 years of age;

(h) the character and behavior of any person who lives in or visits the parent’s home and such person’s interactions with the child; and

(i) each parent’s past and potential performance of parenting duties, including a willingness and ability to facilitate and encourage a close and continuing parent-child relationship with the other parent. (Tennessee Code – Volume 6A, Title 36, Sections 36-4-106)

In Tennessee, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them. You can also read more about Tennessee child custody in the Tennessee state statutes located at: http://198.187.128.12/tennessee/.
State Abbreviation TN
Statehood June 1, 1796
State Capital Nashville
Number of Counties 95
State Population (2005) 5,962,959
State Quarter Issue Date January 2, 2002
State Flower Iris
Nickname Volunteer State
State Flag Tennessee State Flag
Area Codes 423, 615, 731, 865, 901, 931
Top 5 Cities (2000 population)
Memphis 650,100
Nashville-Davidson* 569,891
Knoxville 173,890
Chattanooga 155,554
Clarksville 103,455
* The city is is coextensive with Davidson County.
Major Sports Teams NFL: Tennessee Oilers
NBA: Memphis Grizzlies
NHL: Nashville Predators

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Child Support Enforcement & Obligations in Colorado

February 22nd, 2010

SecretDivorce Applies to ALL 50 States – here is some helpful information if you are getting divorced or PLANNING on getting divorced in Florida

State Divorce Laws: Colorado

Child support cases in Colorado are enforced by the Colorado Child Support Enforcement Program . The mission of the CCSEP is to assure that all children receive financial and medical support from each parent. This is accomplished by

  1. Locating each parent,
  2. Establishing paternity and support obligations, and
  3. Enforcing those obligations

In order to apply for child support in the state of Colorado, you must contact your local county Child Support Enforcement (CSE) office to find out what they will require. You will need to fill out an application which can be obtained from your local office, or online at: Child Support Enforcement Services

How Is Child Support Established in Colorado?

Child support orders are established using the Colorado Child Support Laws detailed in Legal Authority, Section 14-10-115, C.R.S. A child support order is created via a legal process in which the monthly amount of child support to be paid by the non-custodial parent or by both parents is designated. This court order is established using the Colorado Child Support Guidelines, which takes into account factors such as:

  1. Financial needs of the children
  2. Financial status of both parents

The Colorado Child Support Enforcement Program also requires that child support orders establish health insurance coverage for the children, as determined by the court. Medicaid is considered public assistance and is secondary to private health coverage plans. If the children are on Medicaid, the parent ordered to supply health coverage is still held responsible to provide additional health coverage.

How Is Colorado Child Support Calculated?

Colorado child support laws are calculated using the monthly gross incomes of both parents and general information about what other families in Colorado spend on their children. The financial amount of the child support order is based upon the non-custodial parent’s share of the obligation. The amount of child support a parent is required to pay is also affected by the amount of visitation with the child. Both parents must also share costs for childcare, medical insurance and uninsured medical expenses. Again, the share required from each parent is determined by the financial needs of the children and the financial status of each parent.

How Are Child Support Orders Enforced in Colorado?

The Colorado laws and the CSE office can use a variety of methods to ensure that child support orders are satisfied. These include

  1. Withholding from employment wages, unemployment compensation benefits, or worker’s compensation benefits;
  2. Suspension of driver’s license or professional/recreational licenses
  3. Federal and state tax offsets
  4. Credit bureau reporting
  5. New hire reporting
  6. Judicial actions such as judgments, liens, garnishments, or federal prosecution

Child Support Payments

The state of Colorado maintains a centralized collection and disbursement office called the Family Support Registry (FSR). Child support payments can be submitted to the FSR office via mail, phone, or automatic withdrawal.

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Florida Child Custody, Child Support and Spouse Support Laws

February 18th, 2010

SecretDivorce Applies to ALL 50 States – here is some helpful information if you are getting divorced or PLANNING on getting divorced in Florida

State Divorce Laws: Florida

Residency and Filing Requirements: In order to file for a dissolution of marriage in Florida, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. The dissolution of marriage can be filed in the county in which either or both spouses reside. (Florida Statutes – Chapters: 61.021)

Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate Florida grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of S. 744.331 for a preceding period of at least 3 years. (Florida Statutes – Chapters: 61.052)

Filing Spouse Title: Petitioner. The Petitioner is the spouse who initiates the filing procedure with the family law or domestic relations court.

Non-Filing Spouse Title: Respondent. The Respondent is the spouse who does not file the initial dissolution of marriage papers, but rather receives them by service.

Court Name: In the Circuit Court in and for the County of __________, Florida. This is the Florida court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

Primary Documents: Petition for Dissolution of Marriage and Final Judgment of Dissolution of Marriage. These are the essential documents needed to start and finalize a dissolution of marriage according to Florida law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Affidavit of Corrobrating Witness, Marital Settlement Agreement, Family Law Financial Affidavit, Answer, Waiver, and Final Disposition Form.

Court Clerk’s Title: County Clerk’s Office of the Circuit Court. The clerk or the clerk’s assistants will be the people managing your paperwork with the court. The clerk’s office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.

Property Distribution: Since Florida is an “equitable distribution” state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

  • (a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
  • (b) The economic circumstances of the parties.
  • (c) The duration of the marriage.
  • (d) Any interruption of personal careers or educational opportunities of either party.
  • (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • (f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  • (g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
  • (h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
  • (i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
  • (j) Any other factors necessary to do equity and justice between the parties. (Florida Statutes – Chapters: 61.075 and 61.077)

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion.

In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage. (b) The duration of the marriage. (c) The age and the physical and emotional condition of each party. (d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each. (e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.

To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose. (Florida Statutes – Chapters: 61.08)

Child Custody: When minor children are involved in a dissolution of marriage, the Florida courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

The court shall have jurisdiction to determine custody, notwithstanding that the child is not physically present in this state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from this state for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid a determination or modification of custody.

The court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.

In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include primary residence, education, medical and dental care, and any other responsibilities that the court finds unique to a particular family.

The court shall order “sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of” the minor child.

The court may award the grandparents visitation rights with a minor child if it is in the child’s best interest. Grandparents have legal standing to seek judicial enforcement of such an award. This section does not require that grandparents be made parties or given notice of dissolution pleadings or proceedings, nor do grandparents have legal standing as “contestants” as defined in 1s. 61.1306. A court may not order that a child be kept within the state or jurisdiction of the court solely for the purpose of permitting visitation by the grandparents.

No presumption shall arise in favor of or against a request to relocate when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact and access with the secondary residential parent. In making a determination as to whether the primary residential parent may relocate with a child, the court must consider the following factors: 1. Whether the move would be likely to improve the general quality of life for both the residential parent and the child. 2. The extent to which visitation rights have been allowed and exercised. 3. Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements. 4. Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent. 5. Whether the cost of transportation is financially affordable by one or both parties. 6. Whether the move is in the best interests of the child. (Florida Statutes – Chapters: 61.13)

Child Support: Florida child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2’s and child support worksheets are available at the courthouse.

The court has the right to order child support according the Florida Child Support Guidelines. These guidelines are based on the income of each parent along with applicable deviation factors that may exist. If the parents can not come to a reasonable agreement on the child support amount the court will use the support guidelines located in the Florida Statutes.

Income shall be determined on a monthly basis for the obligor and for the obligee as follows: (a) Gross income shall include, but is not limited to, the following items: 1. Salary or wages. 2. Bonuses, commissions, allowances, overtime, tips, and other similar payments. 3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income. 4. Disability benefits. 5. All workers’ compensation benefits and settlements. 6. Unemployment compensation. 7. Pension, retirement, or annuity payments. 8. Social security benefits. 9. Spousal support received from a previous marriage or court ordered in the marriage before the court. 10. Interest and dividends. 11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income. 12. Income from royalties, trusts, or estates. 13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses. 14. Gains derived from dealings in property, unless the gain is nonrecurring.

Allowable deductions from gross income shall include: (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities. (b) Federal insurance contributions or self-employment tax. (c) Mandatory union dues. (d) Mandatory retirement payments. (e) Health insurance payments, excluding payments for coverage of the minor child. (f) Court-ordered support for other children which is actually paid. (g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

The court may adjust the minimum child support award, or either or both parents’ share of the minimum child support award, based upon the following considerations: 1. Extraordinary medical, psychological, educational, or dental expenses. 2. Independent income of the child, not to include moneys received by a child from supplemental security income. 3. The payment of support for a parent which regularly has been paid and for which there is a demonstrated need. 4. Seasonal variations in one or both parents’ incomes or expenses. 5. The age of the child, taking into account the greater needs of older children. 6. Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines. 7. Total available assets of the obligee, obligor, and the child. 8. The impact of the Internal Revenue Service dependency exemption and waiver of that exemption. The court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the noncustodial parent is current in support payments. 9. When application of the child support guidelines requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order. 10. The particular shared parental arrangement, such as where the child spends a significant amount of time, but less than 40 percent of the overnights, with the noncustodial parent, thereby reducing the financial expenditures incurred by the primary residential parent; or the refusal of the noncustodial parent to become involved in the activities of the child. 11. Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage. (Florida Statutes – Chapters: 61.13 and 61.30)

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Calculating Nevada Child Support

February 18th, 2010

Nearly half of all marriages end in divorce. Child custody laws throughout the United States seek to provide order to the transition from a unified family to a separated family.

Child Support Enforcement in Nevada is a family-first program intended to: ensure children have the financial and medical support of both their parents; to foster responsible behavior towards children; to emphasize children need to have both parents involved in their lives; and, to reduce welfare costs.

Nevada child support is calculated by taking a percentage of the non-custodial parent’s gross income.

“Gross monthly income” is defined as “the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.”

The non-custodial parent’s gross income should be multiplied by the following percentages to determine the child support amount:

  1. For one child, 18 percent
  2. For two children, 25 percent
  3. For three children, 29 percent
  4. For four children, 31 percent, and
  5. For each additional child, an additional 2 percent

Willful unemployment is not a sufficient cause to deviate from the court awarding a minimum amount.

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Helpful things to know about divorce, child support and alimony in California

February 3rd, 2010

Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate California grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

The effect of a judgment of dissolution of marriage when it becomes final is to restore the parties to the state of unmarried persons.

Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Incurable insanity.

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.

No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who is incurably insane, and the court may make such order for support.

Child Custody: When minor children are involved in a dissolution of marriage, the California courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

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In making a determination of the best interest of the child, the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety, and welfare of the child. (b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship. (c) The nature and amount of contact with both parents. (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. Notwithstanding any other provision of law, in any proceeding to determine child custody or visitation with a child, every custody or visitation order shall contain all of the following: (1) The basis for the court’s exercise of jurisdiction. (2) The manner in which notice and opportunity to be heard were given. (3) A clear description of the custody and visitation rights of each party. (4) A provision stating that a violation of the order may subject the party in violation to civil or criminal penalties, or both. (5) Identification of the country of habitual residence of the child or children.

Child Support: California child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2’s and child support worksheets are available at the courthouse.

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In implementing the statewide uniform guideline, the courts shall adhere to the following principles: (a) A parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life. (b) Both parents are mutually responsible for the support of their children. (c) The guideline takes into account each parent’s actual income and level of responsibility for the children. (d) Each parent should pay for the support of the children according to his or her ability. (e) The guideline seeks to place the interests of children as the state’s top priority. (f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. (g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children’s living standards in the two homes. (h) The financial needs of the children should be met through private financial resources as much as possible. (i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children. (j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation. (k) The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula. (l) Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state’s high standard of living and high costs of raising children compared to other states.


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