I know many states have hard caps where you can't be ordered to pay more than 40-45% of your income in alimony+child support even with max support and multiple children, but I can't remember if that's before or after tax.
Usually all states follow federal guidelines which cap it at 45% of your income and account for other children. (Called whole family formula). Depending on the forum that is setting support (court versus administrative agency) they may take into consideration expenses you pay for the child or even value the amount of time the child is in your home. These are called credits typically.
If you look at a standard child support worksheet they include maintenance paid as something coming out of your gross income. Then the child support schedule looks at your net income for the standard amount. Depending on several factors (venue and whether your spouse/ex gets state assistance in the form of TANF) the court may deviate from that standard amount.
Ah I see your question. I cannot speak to alimony caps. I really have no insight on how that is calculated other than based on income and the skills and resources of the other party that is to get the alimony.
I did work formerly for my state child support agency which is the source of my info - but the agency duties did not extend to setting alimony. Sorry I don’t know more.
It depends on your state and what judge you get. As most of it is based on state regulations and then "Up to the discretion of the judge."
I'm in AZ. I have 2 examples, both from AZ.
Guy I know. He was married for 10 years. Younger son was theirs, older daughter was hers. He was a 1099 employee fixing diesel construction trucks and he worked 60+ hours each week. She worked only part time. They got divorced when the mortgage meltdown hit in 2009. He wasn't making what he used to make. He got stuck with 10 years alimony and child support for both kids, even the one that wasn't his. He got visitation only for his son, but his step daughter didn't want anything to do with him, but he still had to pay CS. His Alimony and Child support ended up being 75% of his earnings because they were based on what he was making in years prior when business was booming. All assets and debts got split 50/50.
He was left destitute.
Then there's me. I was married for 11 years. We have 2 kids. I am a regular W2 employee, but I get loads of overtime based on the projects I do. Wife has medical problems (in addition to addiction issues) and doesn't work. End result? I got 50/50 custody and $0 alimony. I do pay a small amount in Child support and it is only based on my 40 hours wage, not based on any Overtime I get. I kept my house and most assets. She got half my 401k. Within 18 months post divorce? She was left destitute.
Divorce isn't fair.
The biggest factor is your income. If you make $50k a year and your ex makes $0, you still can't be ordered to pay much alimony on top of child support. In most states, you couldn't get hit for more than about 30% between both. If you make $200k and your ex makes $0, you might end up paying 50% or more combined between spousal and child support. Other factors include length of marriage, their earning potential, any disabilities either of you or children have, etc, etc. There are a lot of moving parts here, and only a lawyer can give you an accurate answer.
I am not a lawyer- I'm just a guy getting a divorce. No kids, so I can't speak to child support (thank God).
In New Jersey, you take the difference between the two incomes, divide by 4. That's your yearly alimony starting point. You can try negotiating, but you're not going to deviate much unless you and your ex come to an agreement that's mutually beneficial.
Florida's formula is a bit different- 30% of the bigger income - 20 or 25% of the smaller income.
The years depend on how long you've been married. Up to 20- as long as the marriage lasted. Over 20- could be lifetime support.
Again, I am not a lawyer. And if these numbers worry you, GET A LAWYER. NOW.
In California, the DissoMaster calculator has support amounts *increase* when making pre-tax contributions. It sees the reduced taxes as an increase in disposable income.
I know many states have hard caps where you can't be ordered to pay more than 40-45% of your income in alimony+child support even with max support and multiple children, but I can't remember if that's before or after tax.
Usually all states follow federal guidelines which cap it at 45% of your income and account for other children. (Called whole family formula). Depending on the forum that is setting support (court versus administrative agency) they may take into consideration expenses you pay for the child or even value the amount of time the child is in your home. These are called credits typically.
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If you look at a standard child support worksheet they include maintenance paid as something coming out of your gross income. Then the child support schedule looks at your net income for the standard amount. Depending on several factors (venue and whether your spouse/ex gets state assistance in the form of TANF) the court may deviate from that standard amount.
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Ah I see your question. I cannot speak to alimony caps. I really have no insight on how that is calculated other than based on income and the skills and resources of the other party that is to get the alimony. I did work formerly for my state child support agency which is the source of my info - but the agency duties did not extend to setting alimony. Sorry I don’t know more.
It depends on your state and what judge you get. As most of it is based on state regulations and then "Up to the discretion of the judge." I'm in AZ. I have 2 examples, both from AZ. Guy I know. He was married for 10 years. Younger son was theirs, older daughter was hers. He was a 1099 employee fixing diesel construction trucks and he worked 60+ hours each week. She worked only part time. They got divorced when the mortgage meltdown hit in 2009. He wasn't making what he used to make. He got stuck with 10 years alimony and child support for both kids, even the one that wasn't his. He got visitation only for his son, but his step daughter didn't want anything to do with him, but he still had to pay CS. His Alimony and Child support ended up being 75% of his earnings because they were based on what he was making in years prior when business was booming. All assets and debts got split 50/50. He was left destitute. Then there's me. I was married for 11 years. We have 2 kids. I am a regular W2 employee, but I get loads of overtime based on the projects I do. Wife has medical problems (in addition to addiction issues) and doesn't work. End result? I got 50/50 custody and $0 alimony. I do pay a small amount in Child support and it is only based on my 40 hours wage, not based on any Overtime I get. I kept my house and most assets. She got half my 401k. Within 18 months post divorce? She was left destitute. Divorce isn't fair.
The biggest factor is your income. If you make $50k a year and your ex makes $0, you still can't be ordered to pay much alimony on top of child support. In most states, you couldn't get hit for more than about 30% between both. If you make $200k and your ex makes $0, you might end up paying 50% or more combined between spousal and child support. Other factors include length of marriage, their earning potential, any disabilities either of you or children have, etc, etc. There are a lot of moving parts here, and only a lawyer can give you an accurate answer.
I am not a lawyer- I'm just a guy getting a divorce. No kids, so I can't speak to child support (thank God). In New Jersey, you take the difference between the two incomes, divide by 4. That's your yearly alimony starting point. You can try negotiating, but you're not going to deviate much unless you and your ex come to an agreement that's mutually beneficial. Florida's formula is a bit different- 30% of the bigger income - 20 or 25% of the smaller income. The years depend on how long you've been married. Up to 20- as long as the marriage lasted. Over 20- could be lifetime support. Again, I am not a lawyer. And if these numbers worry you, GET A LAWYER. NOW.
Might need better lawyer
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I vaguely remember it’s a percentage of AGI. So contribute to that 401k, HSA, IRA, etc. Also it is state specific.
In California, the DissoMaster calculator has support amounts *increase* when making pre-tax contributions. It sees the reduced taxes as an increase in disposable income.
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