Alimony and Child Support

[lukewoods]

What is the name of your state (only U.S. law)? Georgia

The CS is based on the both parents’ incomes. Say from CS worksheet I shall pay $X CS, and I also agreed to pay $Y alimony to my wife. As the result of the alimony, should the CS be recalculated since my income was reduced ($Y) and her income was increased ($Y)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Georgia

The CS is based on the both parents’ incomes. Say from CS worksheet I shall pay $X CS, and I also agreed to pay $Y alimony to my wife. As the result of the alimony, should the CS be recalculated since my income was reduced ($Y) and her income was increased ($Y)?

Nope

In Georgia, the child support calculation is very simple. The start with gross monthly income and take a percentage based on number of children. There can be an adjustment for medical insurance, but alimony is not part of the calculation.
Georgia Child Support Calculator - AllLaw.com

Not really relevant, but it wouldn't matter in most other states, either. There is always a child support calculator that either starts with gross income or else starts with net income and tells you how to arrive at net income. I don't know of any states that deduct alimony before arriving at child support.

 

[lukewoods]

Would the alimony not be counted as the income for the custody parent? that seems making no sense. It is a double dips for the non-custody parent. What do I miss?

 

[lukewoods]

Would the alimony not be counted as the income for the custody parent? that seems making no sense. It is a double dips for the non-custody parent. What do I miss?

Can anyone make a comment on the alimony not being counted as the income for the CS?

 

[mistoffolees]

Can anyone make a comment on the alimony not being counted as the income for the CS?

If you'd read the link I gave you, you'd have the answer - the receiving parent's income does not enter into the child support calculation in your state, so your question is irrelevant.

The way the law is structured is that child support is determined first. Essentially, the child's needs come first. Then, when appropriate, alimony is calculated.

And it's not double-dipping since the two are entirely unrelated. Child support is to provide for the needs of the child - which is your legal and moral obligation. After CS is calculated, if the circumstances justify it, then the court may order one spouse to help support the other spouse for some time.

 

[Bali Hai]

If you'd read the link I gave you, you'd have the answer - the receiving parent's income does not enter into the child support calculation in your state, so your question is irrelevant.

The way the law is structured is that child support is determined first. Essentially, the child's needs come first. Then, when appropriate, alimony is calculated.

And it's not double-dipping since the two are entirely unrelated. Child support is to provide for the needs of the child - which is your legal and moral obligation. After CS is calculated, if the circumstances justify it, then the court may order one spouse to help support the other spouse for some time.

OP should understand that the circumstances that "justify" an alimony award are interpreted by a subjective entity, the judge. The outcome could be very different from court to court.

 

[mistoffolees]

OP should understand that the circumstances that "justify" an alimony award are interpreted by a subjective entity, the judge. The outcome could be very different from court to court.

That is true. It doesn't, however, change the fact that alimony is not going to change the amount of child support ordered-which is what s/he's trying to do.

 

[lukewoods]

If you'd read the link I gave you, you'd have the answer - the receiving parent's income does not enter into the child support calculation in your state, so your question is irrelevant.

The way the law is structured is that child support is determined first. Essentially, the child's needs come first. Then, when appropriate, alimony is calculated.

And it's not double-dipping since the two are entirely unrelated. Child support is to provide for the needs of the child - which is your legal and moral obligation. After CS is calculated, if the circumstances justify it, then the court may order one spouse to help support the other spouse for some time.

You are wrong on the GA CS calculator (the worksheet). The both incomes are counted in the CS. I have just gone through the CS worksheet.

 

[mistoffolees]

You are wrong on the GA CS calculator (the worksheet). The both incomes are counted in the CS. I have just gone through the CS worksheet.

I provided a reference which didn't use CP's information in the calculation. You are right that the online from from the state is more complicated so all-law appears to be in error, so CP's income might matter. After reviewing it, IT DOESN'T FLIPPING MATTER. Look at the page for income. It actually lists alimony and specifies that you only enter alimony from (or to) someone who is not involved in this case. So the alimony you pay to CP is not going to affect CS.

End of story.

 

[Bali Hai]

I provided a reference which didn't use CP's information in the calculation. You are right that the online from from the state is more complicated so all-law appears to be in error, so CP's income might matter. After reviewing it, IT DOESN'T FLIPPING MATTER. Look at the page for income. It actually lists alimony and specifies that you only enter alimony from (or to) someone who is not involved in this case. So the alimony you pay to CP is not going to affect CS.

End of story.

I didn't see where OP agreed to pay alimony.

If OP is ordered to pay alimony, it should be used as income to CP for CS calculations. Another stupid law!

 

[mistoffolees]

I didn't see where OP agreed to pay alimony.

It doesn't matter one bit if he agreed to pay or was ordered to play. Clearly, alimony is an issue by the fact that s/he is asking the question.

If OP is ordered to pay alimony, it should be used as income to CP for CS calculations. Another stupid law!

Write your legislator. Your views on the law have nothing to do with legal realities.

 

[Bali Hai]

It doesn't matter one bit if he agreed to pay or was ordered to play. Clearly, alimony is an issue by the fact that s/he is asking the question.


Write your legislator. Your views on the law have nothing to do with legal realities.

OP may also request a jury trial to decide alimony in Georgia.