Should my alimony payment reduce my gross income for CS calculation purposes?

#1

I have received conflicting information on this fundamental question.
Right now I pay my ex $2,600 mo. in alimony and $2100 mo. for child support. The calculator I used to get to the CS amount used my FULL Gross Salary (approx $200,000).

I really need to know asap if I’ve been overpaying on the CS. Should I be using $200,000 for the gross salary - or $168,800 ($200,000 - $2,600 mo. alimony x12). Some things I read online say yes, and some say no.

Thanks!

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#2

You are required to use your full gross salary when calculating child support. Alimony is not deducted when determining your monthly gross salary for child support purposes.


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.

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#3

Thanks. But how in the world is this fair? I have a legal obligation to pay alimony at the start of every month so that is never “income” I see. Why is that factored into my side of the equation?

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#4

NC Child Support Guidelines require that each parent’s monthly gross income be used when calculating child support. The only allowable deductions in income are for child support paid under a pre-existing child support order or agreement and financial responsibility for children that live with a particular parent but are not subject of the child support worksheet at hand.


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.

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#5

So then why is the alimony not considered received “income” on her side of the worksheet?

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#6

The definition of gross “income” per the NC Child Support Guidelines is “a parent’s actual gross income from any source, including but not limited to … alimony or maintenance received from persons other than the parties to the instant action.” Alimony in your case is simply not counted as income as determined by the legislature.


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.

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