Do child support laws consider my ex-wife’s alimony payments as income?
She is receiving $1,000 a month, so can that income be used when determining child support and the percentage of above and beyond items, such as day care?
I am only licensed to practice law in Missouri so I am unable to give you legal advice on divorce in your state. I can give general divorce help for men, though.
In Missouri courts, child support is determined by calculating the presumed correct child support amount in a very formulaic manner. Once the presumed amount is determined, the court will make a determination of whether that amount is unjust or inappropriate.
Missouri has specific guidelines on how the presumed correct child support amount is calculated. Missouri Supreme Court Rule 88.01 provides the formula for how this calculation is made. The calculation is required to be made on Civil Procedure Form 14, commonly referred to as Form 14.
The major factors that go into the Form 14 calculation of child support are the respective incomes of the parties, the number of children, and the visitation or child custody agreements.
Other financial issues may be included in the calculation including expenses for day care, health insurance, and other extraordinary child-rearing costs and medical expenses.
The court-ordered spousal support that you reference in your question should be included in the calculation of her income. It also should be considered to reduce your income.
I would suggest that you should consult with an attorney that practices in your state that has specific experience in handling child support. Remember, I have only provided you with general information, not financial advice on divorce.
To schedule an appointment with a Cordell & Cordell attorney, including William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.