DISCOVERING INCOME IN DIVORCE: CHILD SUPPORT

Written by Lindsay C. Ronilo
Ronilo Law, LLC

The content is not intended to be a substitute for professional legal advice. Neither Lindsay Ronilo nor Ronilo Law, LLC are establishing any attorney-client relationship with this informational article. Lindsay Ronilo and Women’s Wealth Boutique are not affiliated entities. If you have questions, you should consult with a lawyer experienced in family and domestic law.

Discovering Income in Divorce:

Child Support

Child Support in the state of Alabama is calculated based on a formula where the parents’ combined gross incomes provide the main foundation of the calculations. “Gross income” is defined as “income from any source, and includes, but is not limited to, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment-insurance benefits, disability insurance benefits, gifts, prizes, and preexisting periodic alimony”. This means that gross income does not include many government assistance programs such as TANF (Temporary Assistance for Needy Families), Supplemental Security Income (SSI), or food stamps.

When going through a divorce it’s important to think through all of these categories of income and decide what applies to your and your spouses finances and what does not. This can help an attorney narrow down sources of income to explore, but can also help an attorney search for income sources that you may be concerned about. With the advent and explosion of the gig-economy it can sometimes be helpful to look past regular W-2 wages and more traditional income sources. As you work through the divorce process an attorney will evaluate all sources of income in order to properly calculate child support.

In addition to income information, an attorney will gather information about both parents’ expenditures related to medical insurance and work-related childcare – when those circumstances apply. Work related childcare must be childcare that is provided to one or both parents due solely to work; it cannot be childcare provided to a parent while in school or for other reasons. The cost of insurance premiums paid by either or both parents are also included in the child support calculator and these can include major medical insurance as well as dental and vision costs.

Additionally, Alabama provides two separate calculations for child support based upon different custodial arrangements between the parents. In a situation where parents share joint (50/50) custody of the children involved, child support would be different than in a situation where the children live primarily with one parent. Each child support calculation and arrangement is as unique as the people involved in each divorce case. It’s important to have a knowledgeable and experienced attorney help you each step of the way so that you can approach your divorce case with confidence.

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Disclosures

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