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Are Alimony & Child Support paid based on incomes & std of living during marriage, so big income changes after shouldn't affect?
Anonymous3 views2 answers
If one completes a divorce and is ordered by court to pay a certain amount of Alimony and of Child support based on the standard of living determined in the marriage, the relative incomes of the two prior spouses and other factors (like in section 4320), but then perhaps a year after the divorce completes, the paying ex-spouse gets an inheritance which generates a lot of income, perhaps 50% to 100% of the couples' prior income when married. If a modification is requested by the recepient ex-spouse to get upwardly revised Alimony and Child Support, (a) are courts supposed to factor in that additional income even if it was a lot more than the standard of living income during the marriage? (b) if courts do this, can you expect the increase in Alimony and/or Child Support to be as large as the Temporary Guideline calculators might suggest, even though the permanent Alimony is not based on the calculator, but on the 4320 factors and the judge's interpretation of them? In other words, how much more Alimony & Child Support might one realistically expect to pay if the paying spouse begins making 50% more income after the dissolution than s/he made during the marriage?
"Permanent spousal support" after a hearing on FC 4320 factors can be hard to change. One of the factors is the marital standard of living, and another is the ability to pay. The "standard of living" measure is very general, and courts use very broad categories. If the court made a finding as to the marital standard, that helps, and if for whatever reason, the court finds the standard was not met by the old order, a change in income might be enough reason to change support. Otherwise, the general result is to let the judgment stand. Child support is different, and is determined by formula - put numbers in, the formula gives you the answer. The new income would definitely be counted in figuring child support. It's complex, so we use computer programs. Here's a free version of a very common program for calculating child support. www.xspouse.com
Child support is not based on your income or standard of living during marriage, it is a calculation that is run using your income, other party's income, and the custody timeshare. It is always modifiable so if your income increases (and assuming other party's income is the same and custody is the same), the other party can request a modification and child support will increase.
Spousal support is a much more nuanced calculation, but it is not only based on the standard of living during marriage, it is also based in part on your current income. So yes, if your current income increases your ex can request spousal support to be modified as well. It also depends on the wording in your judgement. Did you reserve jurisdiction for the court to modify support in the future? What is the duration of support?
