Is PSS/Alimony based on Gross or NET income?


#1

Is PSS/Alimony based on the gross or net income of the supporting spouse? I have read where it says that such things like health insurance, retirement and taxes have to be deducted from the gross…and THEN they will use that amount to base the PSS/Alimony on. Is this correct??


#2

Well, there isn’t really a “formula” for PSS or alimony in terms of the amount. It’s supposed bridge the gap for the “reasonable needs” of the supporting spouse but that’s really a subjective term and is treated as such by judges. It ends up being whatever you two can agree to, unless a judge gets involved in which case the judge will look over everyone’s income, their potential income, their expenses and bills and make a call from there for good or bad.


#3

I know there’s really no forumula, but the reason I was asking is because my friend has been ordered to pay according to his GROSS income. They are not looking at the fact that he has $1,240 taken out of his check for medical insurance for his kids, retirement, and taxes that he has no control over. If he pays the PSS that the judge awarded, then he will be seeking governmental assistance (food stamps, housing, etc), and his STBX will be living “high on the hog”. They have left him with ZERO means to live…and the judge even “admits” this in the order…saying the defendant has NO means to pay the support…but in the very next sentence, he says he will pay $600/mth PSS (in addition to his $830 CS).

My friend has decided that if his attorney doesn’t ask for a modification (he’s getting a run around with his attny), then he’ll just wait till she takes him to court for contempt (cause he cannot afford to pay it)…and then he will present his evidence to the judge (he has proof of all his bills and income).


#4

This sounds like a really difficult situation, but these are questions best directed at his attorney.