<< Hi listmates,
I am looking for statute or rule or case law that says we don't include an alimony figure in the child support guidelines when there is an alimony buyout.
Any help is appreciated.
Lynn E. Staufenberg >>
Well worded question - doesn't say "do we or don't we?", but "looking for a case that says we don't do it." (Guy asks a scientist and teacher "how much is 2 + 2?" Both answer "4." Guy asks a lawyer and she responds "how much do you want it to be?")
I've always included it in some compromise form on the CSG - just had this in a case with Mike Lento and a mediator and we discussed it and included it (add it now? what about recalculations later?). I've at least referenced it when setting CS when there's an alimony buy-out. I don't know of any case where a judge had to call it; I watched a portion of a plenary once where a witness testified along the lines of "well, his attorney never raised it and my attorney at the time said that was his own ignorance not to address it" -- the judge looked unhappy, but I never heard how it came out. It would come down to the equities -- I'd make sure it's addressed and understood; I wouldn't try to play a game over it assuming a judge would go the way we wanted down the road (I have no reason to think you're like that..just general suggestion).
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