Alimony in CS calculation


#1

Does my ex’s alimony count as income in the CS calculation? She claims to only be able to make Minimum wage but gets almost twice that amount in alimony which continues for another 3 years. She is a college graduate (resently) and holds an elemenatry educatiuon degree. She is saying she is working for $10 per hour 35 hours a week while school is in session as an assistant.
Further, we have a consent order from May 2010 that stipulated that the amount I paid would not go over a certain amount until she got a job and then it would be recalculated. The children (2) have now both moved in with her while two months ago one was with me full time and one with her. She now wants to recalulate with her as primary custodial parent in addiiton to an adjustment for her having a job. The original calculation accounted for her making minimum wage. The children are 14 and 16 and have moved back and forth multiple times. My ex just moved (without permission or cause) to Michigan. as such, our shared custody is very difficult. Does the consent order still hold or will Child Services recalculate anyway. Thanks for any response.


#2

The alimony is not counted if you are the payor. Alimony is only considered in a child support calculation if it is received by an ex spouse, not a party to the child support action.

Child support will likely not be modified in this case as it has only been 4 months since the entry of the last Order, the guidelines state that support can be modified after three years have passed, and when there is a change of 15% in the support figure.