Determining Support Amounts in Divorce Cases
In contentious divorce and support cases, the court must determine the amount of money to be paid monthly for both spousal support (alimony) and child support. When it comes to child support, the court is required to follow the child support guidelines set forth in the Virginia Code. However, the court can exercise greater discretion in awarding alimony.
Alimony Worksheets and Exaggerated Expenses
Typically, the spouse requesting alimony must submit a worksheet to the court reflecting his or her income and expenses in order to prove a need for support. Often times, these worksheets include grossly exaggerated expenses to increase the amount of money awarded.
Additionally, these worksheets may include expenses associated with someone other than the spouse, such as costs associated with raising children and amounts paid on behalf of the children or other third parties.
Handling Mixed Expenses: Spousal vs. Children’s Needs
In these cases, the question then becomes: What should a court do when determining spousal support where listed expenses are associated with both the spouse and the children?
The DeCamp v. DeCamp Ruling
In DeCamp v. DeCamp, the Virginia Court of Appeals provided guidance on this issue:
- Divisible Expenses: If the particular expense at issue is divisible, the spouse seeking support has the obligation of apportioning his or her expenses from those of the children or other third parties. Failure to do so may result in a decreased spousal support award due to insufficient evidence of individual need.
- Indivisible Expenses: If the expense is indivisible by nature, the spouse requesting support does not need to apportion the cost between themselves and the children. For example, a water bill is an indivisible expense, and the court can consider the entire bill as the spouse’s expense in awarding alimony.
- Trivial Expenses: If the expense is considered trivial, it does not need to be divided between the spouse and the children. The court can award such expenses as spousal support without error.
Considerations in Divorce and Support Cases
There are a number of issues and financial considerations to be aware of during a divorce and child/spousal support cases. If you are currently going through a support case or are considering divorce, the family law attorneys at DiPietro Law Group are here for you. Call us today at (888) 530-4374.