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How is my "avg" income determined for Almony?

Discussion in 'Alimony & Spousal Support' started by Vincent, Oct 22, 2017.

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  1. Vincent

    Vincent Law Topic Starter Member

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    Hello,

    Thanks in advance.

    I will try and keep my questions short. I made a couple large posts already. Sorry about that. So many unknowns out there.

    People on the fourm have sent me links to Almony calculator's.

    I appreciate it. It helps give me more of a clear idea of what I am looking at.

    My question in determining my income to pay towards Almony how is that calculated?

    My income changes each month and definitely each year.

    I get SSSI for $2300 a month. Mine plus a 3rd if if that income is for my minor child I have always taken care of. That amount for the most part has stayed the same.

    The other income that I get that varies lieterally from $0 - zero dollars a month or even or mutiple months if I can't work physically or there is no work that is available to up to $1300 gross to fit in with this year's SSDI guidelines per month.

    All of the work is 1099 I.T. work and it feast or famine.

    So how is my income determined to use in that Almony calculator?

    Would the court take X amount of years of tax returns and average them?

    Would they take this year's amount made (since I intend to file by end of 2017, beginning of 2018?

    Lastly, I have a large over payment with SSDI that they are taking out $100 per .on the until it is paid off.

    I have about 57 more years at $100 a month to pay them back from going over that limit for months in the first part of receiving SSDI.

    Is it more likely the FEDs will want there money paid back first for the SSDI over paying X amount in Almony?

    Or do you think they would take both?

    I guess to follow up on the main question, I read from the links people on the fourm people have sent me (thanks again for sending them to me)

    That a maximum of 30% of my gross income could be taken. Is that correct?

    Is that 30% Almony at the judges discretion?

    To keep my young child in the same or similar school district where they have Already skipped a Grade and are doing very well, pay for rent in the same area, and all other eassintsls such as food, utilities and school related items (school supplies, clothing for my child)

    Can the judge possiblly lower the amount of Almony I would have to pay based on any type of a loss of a flat 30 % reduction in income would affect my son and I?

    So they take that into consideration?
    (In general I am asking)

    If my current with decides to work and is on her own without custody of our child, does that Almony get adjusted? Lowered?

    Since she has decided to sperated in July of this year I paid out of my own pocket my own debit card for her to go back to school for the 3rd time since we have been married in 2005.

    1st time I paid out of pocket was before we where married in 2003, 2nd time was in 2005/2006. She quit both times after a semester. Had our child in 2009.

    This 3rd time this year 2017 I paid for her to go back and get on her feet before we even file anything. As of last week she did her .I'd terms and has quit a 3rd time.

    I her words " school is not for her"

    Have I showed a good faith effort to help help her get back on her feet in the eyes of the Court?

    She still lives her in our 3 bedroom apartment. I still pay all of the bills. Rent, car, food, utilities ect.

    She keeps putting up a latter date to look for a job since school is not for her.

    So any advice is appreciated.

    I will be seeing an attorney soon.

    I am trying to find one that want cost me .ore than I can afford which is close to nothing..

    Thank you!
     
  2. Highwayman

    Highwayman Well-Known Member

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    Too long of a post with too many questions!

    In order to avoid being taken to the cleaners you SHOULD have an attorney represent you, ESPECIALLY if the other side has one. You are playing with fire otherwise.
     

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