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Is child support based on the husbands income at the trial…

Is child support based...

Is child support based on the husbands income at the trial date, or is it analyzed yearly based on his current income? If he has made about 400k for the last 5 years, is that what the determination will be based on, or will his income in the future, be considered.

Lawyer's Assistant: What steps has he taken? Has he filed any papers in family court?

Yes, I actually filed for divorce. Also, I have a special needs older child. I live in Idaho. Are there and cases that would be a precedent for getting alimony due to needing to be at home with your child after school and during the summer. My child has severe ADHD and anxiety, and even though he is 16, he us very immature emotionally. In Jr. High he locked himself in a locker. I feel the need to only work part time, so that I can supervise my child after school and in the summer. We will have a 50-50 split custody.

Lawyer's Assistant: Has he talked to a lawyer about this yet?

Yes, they are not willing to pay any spousal maintenance even though we have been married 22 years, and he makes 400k per year. I have not worked in 15 years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's the main idea. Thanks

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Answered in 1 day by:
3/17/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 77
Experience: Attorney
Verified

The child support determination is based on current income at the time of trial not on past income. In rare situations, especially where the current income has dropped drastically from the previous income the court can assign an income based on the parties earning capacity that higher than what he's making now. This is usually the case when someone was making a lot more money, and voluntarily left employment or changed employment to reduce their income.

The determination of alimony is much broader and takes in to consideration several factors including income, occupation, education of the parties, age of the parties, health of the parties. The question isn't really is there precedence. Its more an understanding that the judge has broad discretion in the award of alimony, taking into consideration all of those factors above and the facts about the parties that would come out at trial. Generally where there is a long term marriage (over 20 years) and one spouse is the sole or primary income earner, and the other spouse stayed at home to care for the children, then there is a good argument for an alimony award in that case.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

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Customer reply replied 1 month ago
My question is more centered around special needs. Are there any cases to point where the special needs of a child are taken into consideration with alimony. I want to care for my child after school and in the summer, as I don't think it is wise or even safe to leave him home alone while I am working a full time job. For that reason, I would only want to work part time while my child is at school. There must be some cases regarding caring for a speciasl needs child that have come into play when considering a lump y needs.
Customer reply replied 1 month ago
Special needs, not lumpy needs

What the court can and cannot consider as part of the alimony determination is dictated by statute. Caring for a child even if that child has has special needs is not part of that statutory consideration. The statute does allow the court to consider if the spouse seeking alimony is able to sufficiently provide for his or herself through employment. Therefore, if the court determines that your ability to seek full time employment is affected by caring for you child, reducing your income potential, then the court could increase the alimony award accordingly.

Here's a link to the alimony statute https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch7/sect32-705/

Additionally, caring for a child goes more to the calculation of child support, and there are provisions for providing support for a special needs child above the standard calculation, or beyond the standard time limit (age of majority)

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 77
Experience: Attorney
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N.Brown ESQ
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