Q: North Carolina Alimony & Child Support Question
Assume alimony is agreed to be the 1/3-1/3-1/3 formula, where the gross household income of both parties is added up, divided into thirds (1/3 going to Taxes, 1/3 going to each spouse), and alimony payment from higher earning spouse (Spouse A) goes to lower earning spouse (Spouse B) to bring both parties to an equal after-tax share of household income. (In essence, both Spouse A and Spouse B now have the same income).
If children are both in their teens, and spend equal time with each parent, is there child support that would be paid on top of alimony?
I ran an alimony calculator with equal overnights between both parents, and income of both parents equal, and the recommend child support was close to zero. Does this assumption hold?
If not, then any child support payment on top of alimony payment would take Spouse A below an equal share of household income, and seems incorrect (double penalizing).
Any info would be appreciated, thanks.
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A:
You have the wrong idea about alimony - there isn't a 'formula' or calculator for it (not a legitimate one anyway). Alimony is basically a punishment to the payer for doing something wrong during the marriage and is completely at a Judge's discretion. Judge's use a set of factors to consider if and how much and over what period of time alimony will be awarded. You are likely confusing alimony with spousal support - two entirely different things (especially with regard to tax consequences).
As to child support, that is very much a formula / calculator determined figure. However, if you each have the children an equal amount of time and share joint physical / legal custody, there should be no reason for either of you to pay child support to the other.
As to whether or not any payments (regardless of how they are labeled), from one spouse to the other takes the paying spouse 'below an equal share of household income (whatever that means) - so what? Life ain't fair. If you want fair (or at least what you believe fair to be), you will likely need to resolve all your marital issues in a highly detailed Separation and Property Settlement Agreement. Duke it out in Court and in addition to you and your spouse likely having paid a crap ton of money to have strangers decided things you could have decided yourself for free, you will also likely to come out with a decidedly unfair outcome. Best of luck!
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