If I am paying Alimony and now my ex is starting to work so we are redoing child support are we allowed to include alimony to her pay or at least deduct what I am paying from my total income? I am making 150k and she is making 90k and then I pay her 25k in alimony a year so it will drastically change the child support amount.
No. For child support purposes, alimony paid from one parent to the other cannot be included in the receiving parent’s monthly gross income and it cannot be deducted from the paying parent’s monthly gross income.
Alimony can be included in the receiving parent’s monthly gross income only when it is received from someone other than the parties to the child support matter.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks! Am I able to reduce her alimony payments then at least? I can technically still afford to pay but it is a lot of money considering she is making 90k.
Yes, it’s possible for your alimony payments to be modified:
If alimony is in a separation agreement, it can be modified with the mutual agreement of both parties assuming the separation agreement allows for this.
If alimony is in a court order, it can be modified by a judge upon a showing of a substantial change in circumstances.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.