Howeare alimony and child support calculated?

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Howeare alimony and child support calculated?

I make $43/hour; my wife makes $24/hour. What should be the alimony and child support per month? We both work 40 hours/week. We have a 13 year old son who lives with my wife. There is a FRO against me. I am renting an apartment for about $1200/month. The mortgage + tax = $3437/month. There is home equity of $790/month. It has not been a divorce filed yet.

Asked on May 27, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, child support is determined by the courts through the use of a child support model (with calculations) that are adopted by the state.  The court determines the amount by plugging in income in to a formula and allowing some deductions but not many.  The parties can agree on the amount of child support but it can never be below the percetage allocated to each spouse.  The custodial parent generally receives more support but each state deals with that issue based on various other factors in the custody agreement.  You need to sit down with an attorney on this issue or just go to the court and ask for the guidelines and support worksheet.  They have them there.  Good luck.   


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