Alimony question - wife wants $3k per month but I’m between jobs and that amount is based on previous income amount. What is typical alimony percentage after child support? Also did anyone word your spousal support as a percentage of income in lieu of a hard number?

RuRu_1999 · 2023-05-18T01:04:25+00:00

This varies by state. In California for example, spousal support is usually 1/2 of the difference in incomes for 1/2 of the length of the marriage. Other states are different.

pk2at · 2023-05-18T01:43:18+00:00

Then its upto you to make the case that you will struggle to find employment in the future and your income will remain ZERO. You can be creative in coming up with lots of reasons and find proof to support your claims. If you show up with nothing, you may get hosed with upto 60% of your income going towards alimony.

EnvironmentalAd3558 · 2023-05-18T04:51:29+00:00

Remember alimony is now fed tax free income to her just like CS.

NothingIsEverEnough · 2023-05-18T02:09:55+00:00

In most states, alimony is calculated first. Then that counts against her as income when you do the child support calculation.

CommanderOfCheese45 · 2023-05-18T14:18:26+00:00

Depends on where you are, but you have to stop thinking "typical alimony." In a lot of places it's entirely discretionary. In a lot of places instead of being attached to income, it's basically hard limited to "the prospective receiver makes a reasonable budget. If they could reasonably earn enough with their credentials that the budget balances, the award is $0. Otherwise the award is hard limited to only the shortfall. If paying that shortfall would cause the payer to have a deficit in his own budget, then it's limited to equalizing the shortfall," and is limited in duration to "how long it would take for the receiver to get credentials such as to close the gap."

AudreyTooTwo · 2023-05-18T14:18:34+00:00

Also did anyone word your spousal support as a
percentage of income in lieu of a hard number?

No judge would accept this. The reasoning is that your EX-SPOUSE deserves constant, knowable payments that she can count on, so she can budget, etc.

But, obviously, it's a joke. No employer makes that same promise to you. And, if a married couple has a brief reduction of income, they all have to tighten their belts. But, once you're divorced, there is no such thing for the ex-spouse. It's maddening.

DatabaseSpace · 2023-05-18T16:42:27+00:00

If you are currently paying her support you can have your lawyer send domestic relations your new income, which could be $0 and they should update the support amount based on that. There is a formula they use based on both incomes to figure out spousal support and alimony pendente lite, which is paid while the divorce is in progress.

Actual alimony starts when the divorce is finalized. If there is no trial many times the amount you were paying in Spousal support or APL is agreed upon and continued into Alimony. So be careful here.

You were married for a long time and from reading your other post I think you are going through a hard time with depression because of all of this. See a doctor about it, so it’s in your record. When my wife filed, they diagnosed me with some kind of episodic depression.

What I’m trying to say here is talk to your lawyer about all of this, the biggest loser is the winner in divorce.

david10277 · 2023-05-18T18:49:55+00:00

Previous income that varies..they will average

Child your is not negotiable

Spousal support is negotiable...try to get to mediation

Retying3043 · 2023-05-19T00:37:59+00:00

Alimony is negotiable. There is no formula. Negotiate it to zero by giving her a little more of some other asset.

pg19792022 · 2023-05-26T02:15:30+00:00

We agreed to 50/50 of my income. Since I pay the taxes, it comes out to about 25% of gross income that I pay her. If I lose my job then I petition to pay zero.

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