IS CS calculated when figuring Alimony?


#1

Here’s the situation:

Supporting spouse (SS) pays $950/mth Child Support. SS brings home $1,300 AFTER child support.

SS has rent, insurance, gas, groceries, power, etc to pay (a bare MINIMUM of $1,000/mth)

So there is basically $300/mth left over, and that’s not counting any extra’s (unexpected repairs, vacations, gifts for his kids, church tithes, etc).

The judge said this in a previous order "Parties do not have sufficient income to allow for EITHER to maintain the lifestyle enjoyed in the marriage”.

SS had to pay $600/mth PSS for 10 mths. Dependent spouse thinks she will be awarded this much or more in Alimony.

If CS is not calculated as an EXPENSE, then there’s $950 more that she could potentially get (but there’s NO WAY SS can pay it).

Can the SS be jailed for nonpayment of Alimony? If so, what good does that do if he TRULY cannot afford it? Also if he is jailed for even ONE day, he automatically loses his job, so then there would be ZERO income…which would mean recalculations of CS & Alimony, would it not??

Seems like a vicious (unfair) cycle. Please advise if CS is calculated as an expense or not. Thanks!


#2

If you are ordered to pay child support, the court should take this into consideration when setting alimony as it would go against your ability to pay spousal support.

If you have a court ordered obligation to pay spousal support, and you willfully fail to abide by the order, you can be held in contempt, and the punishment for contempt can be jail time.

If you are laid off from my job, this may warrant the filing of a motion to modify child support or modify alimony.