What's used in Salary calculations


#1

My ex cheated for 18 months, I moved out and let her and children stay in home for the kid’s sake (I travel for my job)…She’s been dragging feet on agreeing to any ED. Why not as I’ve continued to pay all bills for the past year…She’s currently not working (by choice mostly) and her unemployment has expired.

My question pertains to PSS and Child Support calculations. Prior to the affair, she was making 65K a year, but took a voluntary layoff with severance. Coinciding almost exactly with this layoff was the beginning of her affair. For the next 18 months she drew unemployment and child support from previous marriage of 2.5K a month.

When determining CS and continued PSS, what salary is used? The 65K she was earning (and many years prior) prior to the affair and layoff, or the ZERO she is earning now? To summarize the timeline, 65K for at least 3 years, 30K for 18 months (unemployment) and now ZERO for the past 6 months.

Also, do I get any relief from the courts for all the $ I’ve paid of the past years separation to maintain her home? I’ve paid her mortgage, insurance, utilities, cable, phone and medical bills for her and kids. I know anyone reading says no wonder she hasn’t gotten a job and I know, but I am not going to let my kids be affected by this mess. So is this money out the window or can any of it be considered part of ED?


#2

If your spouse was the cheating partner then you should not owe her alimony or PSS.


#3

Not true unfortunately for PSS…adultery bars alimoney but not separation support.


#4

It’s the salaries as they were at the time of separation. PSS and alimony are designed to try to keep the dependent spouse in a similar fashion to the lifestyle to which they have become accustomed to during their most recent years of marriage. Of course, it doesn’t usually keep them in the same lifestyle since the same pot of money is now being split between two households, but the goal is to make it more equitable.