Calculating Alimony & child support (Rhode Island)

[chia9876]

What is the name of your state? Rhode Island


I have a question that I can't seem to find an answer to and it making sense too. Which is calculated first, alimony or child support? Also, does the alimony she would receive from me calculated toward her gross income to reduce my child support since her income would be higher since she'd be receiving the alimony. The numbers they've come up with have me living in a cardboard box. It seem like double dipping, she gets free money and doesn't have to contribute a dime towards the child support? Am I missing something??

[Silverplum]

Originally Posted by chia9876

What is the name of your state? Rhode Island


I have a question that I can't seem to find an answer to and it making sense too. Which is calculated first, alimony or child support? Also, does the alimony she would receive from me calculated toward her gross income to reduce my child support since her income would be higher since she'd be receiving the alimony. The numbers they've come up with have me living in a cardboard box. It seem like double dipping, she gets free money and doesn't have to contribute a dime towards the child support? Am I missing something??

Paging Bali Hai...paging Bali Hai...

He'll explain it all to you. Sit tight.

[Ohiogal]

Child support should be calculated first. Then Alimony. The reason being that child support is mandatory -- it is mandatory to support your minor children. It is NOT mandatory that you support your ex wife.

[fairisfair]

Originally Posted by chia9876

What is the name of your state? Rhode Island


I have a question that I can't seem to find an answer to and it making sense too. Which is calculated first, alimony or child support? Also, does the alimony she would receive from me calculated toward her gross income to reduce my child support since her income would be higher since she'd be receiving the alimony. The numbers they've come up with have me living in a cardboard box. It seem like double dipping, she gets free money and doesn't have to contribute a dime towards the child support? Am I missing something??

Rhode Island is a Shared Income model, which means child support is based on the income of BOTH parents.

[ceara19]

Originally Posted by fairisfair

Rhode Island is a Shared Income model, which means child support is based on the income of BOTH parents.

Then would the alimony be subtracted from dad's income and added to mom's before or after child support is calculated?

[LdiJ]

Originally Posted by ceara19

Then would the alimony be subtracted from dad's income and added to mom's before or after child support is calculated?

I think that is a really gray area. I suspect that in most cases that child support would be calculated first, and then spousal support would be calculated after taking CS into consideration.

For the second child both the CS for the first child AND the spousal support would be taken into consideration.

[Bali Hai]

Originally Posted by Silverplum

Paging Bali Hai...paging Bali Hai...

He'll explain it all to you. Sit tight.

Bali Hai responding. Thank you for giving me this opportunity to respond:

I would like OP to explain WHY he thinks she would receive alimony in the first place??

And I don't appreciate whoever is altering my posts and locking the thread. It makes me think they are running scared.

[LdiJ]

Originally Posted by Bali Hai

Bali Hai responding. Thank you for giving me this opportunity to respond:

I would like OP to explain WHY he thinks she would receive alimony in the first place??

And I don't appreciate whoever is altering my posts and locking the thread. It makes me think they are running scared.

The only person who can alter your posts and lock threads is Mary, the moderator. If she is doing that then you are crusing towards being banned from the forums. You should probably check your email.

[ceara19]

Originally Posted by Bali Hai

Bali Hai responding. Thank you for giving me this opportunity to respond:

I would like OP to explain WHY he thinks she would receive alimony in the first place??

And I don't appreciate whoever is altering my posts and locking the thread. It makes me think they are running scared.

The OP thinks he will be on the PAYING end of alimony, not receiving end.

[triviafreakdad]

Isn't this a " which came first , the chicken or the egg argument " ? You would have to assume that alimony would come first because it impacts both parents incomes , you can't have someone paying CS based on money they are paying to the other party .

[Ohiogal]

Originally Posted by triviafreakdad

Isn't this a " which came first , the chicken or the egg argument " ? You would have to assume that alimony would come first because it impacts both parents incomes , you can't have someone paying CS based on money they are paying to the other party .

The problem with that is alimony is determined by calculating income left after child support and is based on discretionary income (income after rent and necessities are given).

[Bali Hai]

Originally Posted by ceara19

The OP thinks he will be on the PAYING end of alimony, not receiving end.

I'm aware of that fact. See below and explain what in my previous post indicates otherwise.

"I would like OP to explain WHY he thinks she would receive alimony in the first place??"

[chia9876]

Originally Posted by Bali Hai

I'm aware of that fact. See below and explain what in my previous post indicates otherwise.

"I would like OP to explain WHY he thinks she would receive alimony in the first place??"

I don't know what the "OP" is but if it's me then here is the story. the STBX wants alimony because her lawyer believes she needs it to get on her feet, even though the last year of the divorce she has only worked part time (she has been working P/T for the last 4 years because of the kids, she would say). Also we have 3 girls (7,9,11). She is a hair dresser and her lawyer states that she can only make $12K working full-time, I know Hairdressers who are making over $60K. Is there a maximum percent that they can squeeze out of me. I make about $120K but I will have to pay $575 /wk (because her income is under the table so I pay 100% C\S) in child support and she also wants $35K alimony for the next 3 -5 years. If that is the case, I should just quit my job and work at Starbucks!

Did I mention that she is lazy and she said that she lost her job this week, her best friend owns the salon.

If anyone finds a nice box box, hold it for me. I may need it for the next 3 - 5 years

[Bali Hai]

Originally Posted by chia9876

I don't know what the "OP" is but if it's me then here is the story. the STBX wants alimony because her lawyer believes she needs it to get on her feet, even though the last year of the divorce she has only worked part time (she has been working P/T for the last 4 years because of the kids, she would say). Also we have 3 girls (7,9,11). She is a hair dresser and her lawyer states that she can only make $12K working full-time, I know Hairdressers who are making over $60K.

You're right, I know a hair dresser who owns her own shop and trys to claim her income is 15k for divorce purposes, when in fact it's really 70k.

Is there a maximum percent that they can squeeze out of me. I make about $120K but I will have to pay $575 /wk (because her income is under the table so I pay 100% C\S) in child support and she also wants $35K alimony for the next 3 -5 years. If that is the case, I should just quit my job and work at Starbucks!

Sorry, if the divorce action has already been filed, that won't work.

Did I mention that she is lazy and she said that she lost her job this week, her best friend owns the salon.

No, you didn't mention that, but it's a given.

If anyone finds a nice box box, hold it for me. I may need it for the next 3 - 5 years

Thanks for the update.