In accordance with the federal Child Support Enforcement Act, each state has developed specific guidelines to calculate a range of child support to be paid, based on the parents’ respective incomes and expenses. Each state’s guidelines vary considerably, meaning that in virtually identical situations, the child support ordered in one state may be far more or less than that ordered in another state. Judges in some states are allowed a considerable amount of leeway in setting the actual amount, while other states have very strict guidelines that leave judges with very little leeway.
Regardless of the judge’s latitude, there are statewide guidelines put in place that specify factors that must be considered in determining who pays how much child support. These factors include:
When one parent does not work
When income is received on an irregular, non-recurring, or one-time basis, the court may average or prorate the income over a specified period of time or require an obligor to pay as child support a percentage of his or her non-recurring income that is equivalent to the percentage of his or her recurring income paid for child support.
Potential or Imputed Income: If the court finds that a parent’s voluntary unemployment or underemployment is the result of the parent’s bad faith or deliberate suppression of income, child support may be calculated based on the parent’s potential income. If a parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a forty hour work week.
Third party consideration
Guidelines do not apply to child support orders against stepparents or other persons or agencies who are secondarily liable for child support. They may, however, be a small factor to consider in offsetting some expenses that a parent would have otherwise been responsible for.
Maxed out guidelines
There are cases in which the parents’ combined adjusted gross income is more than 300,000 a year. When income exceeds this threshold, the normal child support schedule is maxed out. Inn cases that involve very high incomes, the courts will need to set the award on their own. When setting this award, the court must ensure that the amount of the award meets the reasonable needs of the child.
Step 1. Determine which payments you made qualify as alimony.
Payments that are NOT alimony: Not all payments under a divorce or separation instrument are alimony. Alimony does not include:
Requirements for a payment to be alimony:
General Rules for alimony payments:
Step 2. Mark down alimony payments made or received on your taxes:
a) How to Deduct Alimony Paid on your Taxes:
b) How to Report Alimony Received on your Taxes:
For more information go to https://www.irs.gov/publications/p17/ch18.html.
If you would like to speak with a family law attorney in regards to alimony, contact Adkins Law. Adkins Law has offices in Huntersville and Ballantyne for your convenience.
Alimony is support awarded to a dependent spouse. When a married couple separates, a claim of alimony must be instituted before the divorce is finalized or it is lost. In order to file for alimony, there must be a dependent spouse and a supporting spouse. This means that one spouse, the supporting spouse, must provide economic support to the other spouse, the dependent spouse.
The dependent spouse must be able to prove that he or she is truly dependent on the economic support of the supporting spouse. There can be a difference in income without such a relationship existing. If one spouse makes $55K per year, for example, and the other spouse makes $50K per year, a supporting / dependent relationship probably would not exist. If, on the other hand, one spouse makes $150K per year and the other spouse makes $35K per year, a supporting / dependent relationship would probably be found to exist.
Even if a supporting / dependent relationship exists, infidelity during marriage may effect alimony. If, for example, the dependent spouse cheats on the supporting spouse during their marriage, she is barred from alimony. If the supporting spouse, however, cheats on the dependent spouse during their marriage, alimony should be automatically be granted.
If you need legal advice for alimony in North Carolina, specifically in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville NC, and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Contact Adkins Law to speak with an alimony lawyer today.
In North Carolina, alimony may be awarded to a dependent spouse pursuant to divorce. Once an order for alimony is entered, it may be modified or vacated at any time upon a showing of changed circumstances by either party.
In North Carolina, the termination of alimony may be made if a dependent spouse remarries or engages in cohabitation. NCGS 50-16.9(b) states that “cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.”
The statute continues to state that “[c]ohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.”
What does this mean? It means that once an order for alimony has been entered in North Carolina, it may either (1) be modified upon a showing of a substantial change in circumstances, or (2) terminated upon the remarriage or cohabitation of the dependent spouse. Thus, if the dependent spouse begins living with another person, any alimony they receive may be terminated.
If you would like to speak to an alimony lawyer about modifying or terminating alimony in Huntersville NC or the greater Charlotte area, please contact Adkins Law PLLC. Adkins Law is located in Huntersville NC and primarily serves Huntersville NC, Cornelius NC, Davidson NC, Denver NC, Charlotte NC, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Please contact Adkins Law today to speak with an alimony lawyer in Huntersville NC.