The Task Force affirmed, after much thought and consideration, that alimony may be run first or second, depending on the facts of the case. 208, § 53 (c) (2) – in some circumstances, a spouse with no children could receive more support than a spouse with children. The Task Force discussed the practical concerns with the language of G. Many of the public comments that the Task Force received addressed this issue. The Task Force extensively discussed the continuing challenges with G. An unallocated support order is not a deviation and, as such, does not require findings. Judicial discretion is necessary and deviations shall be considered. Depending upon the circumstances, such as the total amount of support that would be available to each household, it may be appropriate to calculate alimony first, and in other circumstances it may be appropriate to calculate child support first. At any combined income level, the Court and the parties may consider preparing alternate calculations of alimony and child support, as well as an unallocated support order, to determine the most equitable result for the children and the parties. 208 and prohibits the use of gross income which the Court has already considered in making a child support order from being used again in determining an alimony order.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |