Add Formulas and Calculations Legal Indiana Alimony Forms For Free

40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.

The financial resources of the parties. This can include income, the property allocated to each party, a party's ability to independently meet his or her financial needs, and child support (if there are children).

Per Indiana Code 31-15-7, spousal maintenance can only be awarded by a trial court in one of three scenarios: When a spouse is incapacitated; When a spouse is a caregiver for an incapacitated child; or. When a spouse requires support in order to acquire education or training to get a job.

There's no specific formula in Indiana for judges to calculate an alimony amount. It's up to the judge to decide what's fair and appropriate under the circumstances. Ordinarily, judges don't take into consideration a spouse's fault in causing the breakdown of the marriage when determining an alimony award.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

Indiana Code 31-15-7-2(2) states that “if the court finds that: (a) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; AND (b) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; ...

When deciding whether to award spousal support for incapacitation, Indiana courts will consider the nature of the person's incapacitation and the anticipated duration of their incapacitation. They may also consider the monetary impact of their incapacitation and the amount of care that they will require.

To calculate child support, the most important factor is each parent's Weekly Gross Income. Weekly Gross Income will consider all forms of income, including salaries, wages, royalties, benefits, rental income, dividends, commissions, and imputed income, such as the use of a company car.

A: Neither spouse is inherently obligated to provide for their spouse during separation or after divorce. If one spouse is mentally or physically incapacitated or is the custodial parent of a child who is, it's likely the judge will award a support order.