Alimony Obligation
In a recently decided unreported decision, the Appellate court held that while income imputed to a litigant for purposes of determining alimony should not be factored into the child support calculations.
In Weinbrecht v. Weinbrecht the Court affirmed the trial court’s decision to continue to use imputed income for ex-Wife when assessing the ex-husband’s alimony obligation but disagreed with doing so for child support stating that such calculations must be base on the actual income of the parties. In this case, the ex-Wife had increased her income above the level imputed to her. This case upholds the proposition that children of a divorce are entitled to benefit from the future economic successes of their parent.
In as much as this is an unreported decision litigants and attorneys will need to wait and see if this methodology remains valid.
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I hope you can help me with the question I am about to pose – If an individual that is divorced and is paying alimony -had a job with a salary of $85,000.00 per year and suddenly had lost his job and can only find employment paying a salary of $35,000.00 per year – how would one calculate what the exwife should receive in alimony and child support – I might add that the alimony was $400.00 per week and the child support was $100.00 per week – please help – thanks
I was divorced in June 2000.I was 37 yrs old and she was 35.I got hit with permanent alimony of 200.00 per week. and 129.00 for child support.I was making 62,000 and she 18,000. Now 7 years later I’m making 97,000 and she is making at 250,000. Can I get the alimony stopped. and is there any case law on it that I can use in court. thanx.
If there is a substantial change in circumstances from the time of the divorce (i.e. substantial changes in salary) then a party can file a motion with the court to modify support. There are hundreds of cases on modification of alimony. One of the cases cited to often is Lepis v. Lepis.