That dreaded word in a divorce: Alimony. Alimony is determined by the court after looking at one party’s actual need versus one party’s ability to pay. After equitable distribution is determined, the court reviews what money is left over, if anything, and considers the parties’ circumstances to come up with a fair award. Some questions to answer:
- Length of the marriage
- Standard of living the parties are accustomed to
- Whether one spouse quit their job/school after marriage
- Whether one spouse was the primary caretaker of the children
- The contribution each party made to the marriage
- Whether an unemployed spouse is qualified to work
- Whether an unemployed spouse is able to take classes or learn a skill to assist in finding employment to become self-sufficient
- Whether one spouse is ill or disabled and needs additional funds for support
- Tax consequences of paying or receiving alimony
However, child support is calculated according to the Florida statutory guidelines. There are factors the court considers that can raise or lower child support. To calculate child support, the court looks at the total gross income of the parties and subtract any deductions to come up with the net income used in calculations. Important factors that the Court will consider:
- Income of both parties
- Whether a spouse is employed or underemployed
- Work history of both parties
- Earnings levels in the community of both parties
- Prior child support payments made for other children
- Child care costs
- Which party will pay for health/dental insurance for the children
- Whether a party or child is receiving Social Security payments
- Cost of monthly uncovered health/dental/prescription expenses for the children
- Which parent will claim the children as dependents for tax purposes
Alimony and child support issues can be very complex and you need an experienced Jacksonville Divorce Lawyer to assist you. Contact the Law Office of David M. Goldman, PLLC for a consultation.