QUESTION

what should ex husband pay in alimony for Florida

Asked on Apr 02nd, 2013 on Divorce - Florida
More details to this question:
My ex-husband pays me $1000.00 in alimony & $600.00 in child support. It is not enough for me to support my son & pay bills. He makes $49,000 a year (plus overtime) & I am a stay at home mom trying to start my own transcription business. I cannot get a job outside the home because of the severe emotional problems our son is experiencing (he is seeing a psychiatrist) because of his father abandoning us. Should I have the MSA modified? What exactly should I be receiving in alimony (more or less?) I need to know if it is worth it to go back to court as I would have to represent myself. I do not have the money for an attorney, Seminole legal aid says I do not qualify for help, the state says I earn too much money for assistance & I need to be able to pay my bills & care for my son. Please tell me what options do I have? He has been living with another woman since before he abandoned us & they both make very good money. Any help/advice would be greatly appreciated.
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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There is no set formula for alimony, unlike child support where there is a specific guideline calculation. As a general rule your husbands total payments to you for alimony and child support should not exceed 50% of his income. If he makes $49,000 and pays you with after tax dollars, assume that he brings home 80% of his gross, or about $39,200.00. Half of his bring home would be $19,600.00 or about $1600.00 per month. It appears that you are getting about 50% of his bring home. I would not expect that he would be required to pay more than this amount.  You did not say whether the alimony is permanent or for a specified period of years. If the alimony runs out at a certain time, that is when you should do the modification because his child support obligation will increase if he no longer paying alimony.
Answered on Apr 02nd, 2013 at 3:32 PM

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