Child support and spousal support are always touchy subjects in divorce and separation cases.  We often hear questions like “How much will I have to pay,” or “How will I survive on that amount of support when I’ve been accustomed to a specific lifestyle?” Moreover, an entirely new layer of complexity exists when it comes to higher-income cases. Often, the more money a paying party earns, the more support that person pays, but is there a cap or limit to that amount?  The answer is the always famous attorney response: maybe.

How Does the Court Determine What Income to Include?

One of the first questions clients pose is what income is included for purposes of calculating support? In general, the support amount awarded is based upon the parties’ monthly net incomes. The fact-finder (usually a judge, master or hearing officer) starts with the parties’ monthly gross income, which if it varies, can be based upon a six-month average of the party’s income (although sometimes more).