In divorce cases, facts will be presented to determine how much men will have to pay to support their families. This includes child support, as well as alimony for their ex-wives. To determine the amounts that a man will have to pay for child support, he needs to bring his latest tax returns, W-2s, payment stubs, and everything else he has to show his current income. This information will also be compared with his ex-spouse’s income to see whether he is responsible for alimony as well.
Child Support
It is important for you to be present at the court hearing to determine how much child support you will be providing. If you do not go to the hearing, the court may decide upon a child support amount per month that is higher than you are able to pay. The court will only have an estimate or idea on what you actually earn and the needs or standard living of the child as barometers to determine how much you should pay. Additionally, the court will also determine how much you owe in back child support based only upon their estimates and not your actual evidence and testimony.
The court uses a standard guideline to determine what you will have to pay, based on your adjusted gross income and the number of children you are paying child support to. The percentages vary by state. In the state of New York, for example, the percentages are the following:
- 17% for 1 child
- 25% for 2 children
- 29% for 3 children
- 31% for 4 children
- 35+% for 5+ children
Additionally, you may have to pay for the child care costs, uninsured medical expenses, and education expenses of your children as well.
Alimony
Alimony is monetary support that is given from one spouse (who usually makes more) to the other spouse (who usually makes less). For alimony to be awarded to a spouse, the court will look at the health and age of the receiving spouse, the ability of that spouse to work now and in the future, the duration of the marriage, the property that was involved, and the conduct of the spouses themselves.
Alimony is usually only awarded to spouses who were economically dependent upon the other spouse in a longer-term marriage. This has traditionally been the wife being dependent on the husband, leading to the ex-husband often paying alimony to his ex-wife.
Attaining Legal Help
Knowing how much family support you will provide in a divorce case can be a nerve-wracking and challenging matter. An established and experienced divorce attorney will know the federal and state laws that apply to your case and will present the strongest possible case to ensure that your rights are represented and that an agreement is reached for you to provide the appropriate support for your family that is required by law.
