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Thursday, August 26, 2010

AND EVEN MORE MONEY!

The next thing the Automatic Orders Item #3 (the one that tells you to put together financial affidavits) asks for is that you allocate income and expenses and enter into an agreement regarding child support which will be entered as an order by the court.

This means that once you have filed for divorce and made your motion for exclusive use of the house if that is what you need to do, the next motion you file is a motion for child support. The amount of that child support is not debateable, though it can be debated (since most things in a divorce case can be debated and negotiated endlessly and often are) as the amount is ordinarily based upon child support guidelines provided by the State of Connecticut which are based upon your stated income which you have provided under oath on your financial affidavits.

The most important thing to know about child support is that it is not taxable, so if your ex would be willing to add more to what he or she is giving you and call it child support, that would be really, really nice. However, whatever amount you decide, make sure that it is made an order of the court, because if you don't make it an order of the court, you will get screwed because if your ex doesn't feel like paying one week or another he or she won't pay you and then there is nothing that you can do about it without a court order.

If he or she says "I'll give you more! Just don't make it a court order." forget it. Trust me, just forget it. You must have a court order in order to protect yourself. Now is also the time you can make a Motion For Alimony, Pendente Lite. Any amount of alimony your receive will be taxable, but getting it puts into place the concept of alimony, which is a good one.

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