Question:

I’ve been ordered to pay $1050 in child support, and I want to know if it is legal to order me to pay $700 in spousal support as well?

I clear only $2200 per month, and with paying out a total of $1750/mo, it leaves me $450 each month to get a place to live, pay my truck and insurance, etc. How can a judge order so much child support and alimony?

Answer:

Your question is one of the most difficult questions that a family law attorney can get, because you are wondering how a judge can order what you are required to pay.

Unfortunately, it is impossible for me to tell from your question if any judicial error may have occurred, plus your state’s statutes and rules affect the outcome as well.

In addition, I do not know how your case was presented to the judge and what, if anything, your attorney may have done to persuade the judge.

The biggest issue in these types of situations is that the person ordered to pay is looking at it globally, which is to say, I have to pay this much per month and I only make this much.

Unfortunately, the law and courts do not tend to look at it globally but rather issue-by-issue, and usually the issues are either unrelated or are not considered together.

Child support is usually set by statute and the judge probably followed the statutory formula to calculate child support. However, the court may not have considered what you paid in child support to your ex-wife when it came to spousal support, or they may not have considered what you pay in spousal support when calculating child support.

Keep in mind that even though you do not believe the order is fair, you must pay your child support above all else until it is changed by the court. I would recommend talking to an attorney to review the orders to see if anything can be modified.

Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, please contact Cordell & Cordell.