As an aside, we feel the reasons for calculating child support prior to any maintenance derivation are (a) children have a higher level of protected status in the courts, (b) child support is a mandate, alimony is discretionary, and it makes sense to calculate areas mandated by the law before evaluating discretionary areas, (c) it is illogical to attempt an alimony calculation prior to understanding the nature of the child support realities----there may be no basis for an award once child support is evaluated
and (d) it doesn’t matter anyway because starting with alimony leads to an infinite regression that brings you back to the same spot, at least in terms of net incomes. As to consideration (d), if one starts by calculating alimony first this leads to "higher" alimony and "lower" child support numbers. It then makes sense to recalculate the alimony using the (now-defined) child support. And then recalculate child support in the same fashion. As these calculations continue they form a "limits" problem, where the ultimate answer
approaches, to a near congruency, the suggested methodology (and answer) of calculating "child support first", at least as to the net bottom lines.
For these reasons, it is suggested that calculating child support first is the preferred system as is done in the versions of the program we have developed for Michigan. But that’s not the way it is done in the Kentucky
or Maryland versions of
Support 2024, and the Washington and
Florida versions gives the user the option of sequencing calculations in either direction.
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Isn't "Spousal Maintenance"
or "Spousal Support" A More Up To The Century Term Than "Alimony"?
Probably. But Craig Ross feels that the word "alimony" is more elegant and inclusive. "Alimony" encompasses classical cases ("spousal support") as well as those cases where an award is necessary to help protect the interests of children. As an historical matter "alimony" contemplates the support of a spouse and other dependents.
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What Is The Theory And History Behind The Alimony/Maintenance Recommendations?
See the links located at the
Theory and Writings page of this Web Site.
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What If I Encounter A Strange Alimony/Maintenance Recommendation?
Call Craig Ross. Most of the time it is some misunderstanding as to the entry of data. On occasion we see an alimony "answer" we don’t like, though generally this is a matter of "shading". Craig Ross has tinkered with the formulas for 20 years, particularly the past 8 years, and his plan is to continue the process so as to attempt to achieve the best possible theory.
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Can I Get An Unallocated Support Recommendation?
To get an unallocated support recommendation once in the Recommended Maintenance screen, click on the pink "Use Unallocated Award" command button. The program considers the balance points, and then makes an adjustment based upon a trial and error multiplier. Note that there are traps in using unallocated awards. Check with an accountant/lawyer experienced in use of the mechanism.
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Can I Generate A Financial Declaration Form For The State Of
Washington Or The Financial Affidavit Form For Florida?
The version of
Support 2024 for Washington now allows you to easily fill out and calculate the Washington Financial Declaration Form. To access
this form
for Washington just click on the "Other Forms" menu located at the top of the Child Support Worksheet screen. You can transfer data from a completed Child Worksheet to the Financial Declaration Form or to the Child Support Order Summary Report
in Washington by clicking on the "Transfer
Data From Worksheet" button at the top of the Financial Declaration or Support Order Summary screens.
The version of
Support 2024 for Florida now incorporates both the long and short form
versions of the Florida Financial Affidavit. The Florida Financial Affidavit can
be accessed from the express data entry form and data can be transferred back
and forth between the express data entry form and the affidavit.
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What Other Printouts And Reports Are Available In These Programs?
Besides the perfectly formatted state required child support worksheets that can be printed from the versions of
Support 2024
for Washington, Florida, Maryland and Kentucky, all versions of
Support 2024 contain several other print options for generating hard copy reports. Either a proprietary child support report or a maintenance report can be printed. These reports can be printed by clicking on the print menu
at the top of the maintenance or child support screens. Although these reports can not be submitted to the courts in lieu of the official state child support worksheets required in Kentucky,
Florida, Maryland and Washington, they may be valuable in creating hard copy printouts for your child support and maintenance case files. The user can also "dump" the output shown on the screens (either in "landscape" or "portrait" format) by clicking on "print screen image" in the print menu. A printout of the data entry express screen can also be dumped
to the printer.
By clicking on the "Preparer" menu option located at the top of the maintenance screen, or the child support screen, you open a dialog box in which you can enter the report preparer's name and office that you would like to be printed on the proprietary maintenance and child support reports. You can select or deselect to have this information or the date printed on these reports. These defaults are saved in your computer's registry and will remain the program defaults until changed.
The versions of
Support 2024 for Washington and Kentucky also generate four basic types of Worksheet Synopsis reports depending of the type of child custody case being examined. The Worksheet Synopsis shows a summary of the major child support worksheet fields. You can access this feature from the Print menu at the top of the child support worksheet screens. You will first be led to a preview of these synopsis reports from which you can then print them by clicking on
the "print" menu at top of the report screens. Note that the Worksheet Synopsis is a
Support 2024 generated and designed report, and is not a standard certified court form.
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Can I Save Case Data, Worksheets, Or Other Forms To A File For Later Use?
In
Support 2024 you can save or retrieve your child support worksheets to and from a file. In all of the program versions, the data that you entered into the data entry express screen can also be saved by clicking on "File" from the menu bar at the top of the entry express screen. When you save a file it saves all of the current input data on the data entry express form, and also saves the child support worksheet data in those
states where child support worksheets are applicable. This data is saved in a file using the "alm" file extension.
The child support worksheets in all states can also be saved in an Adobe PDF
format.
In the versions of
Support 2024 for Washington and Florida, the respective Financial Declaration/Financial
Affidavit form is saved to a separate file. To save or open a Washington
or Florida Financial Declaration/Financial Affidavit file click on the "Save" or "Open" option under the File menu heading at the top of the Financial Declaration/Financial
Affidavit Screen.
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Can The Programs Extrapolate Child Support At High Levels Of Combined Incomes?
The Kentucky, Washington
and Maryland versions of
Support 2024
allow for the extrapolation of child support beyond the limits of their respective state's child support guidelines tables. In particular, The Washington State Child Support Schedule states,
“When combined monthly net income exceeds twelve thousand dollars, the court may
exceed the presumptive amount of support set for combined monthly net incomes of
twelve thousand dollars upon written findings of fact.” In regards to extrapolations of child support in Kentucky, see the April 6, 2003 opinion in Downing v. Downing, 2003 WL 333011 (Ky App).
In the versions of
Support 2024 for Kentucky, Washington and Maryland there are two possible extrapolations of their respective state's child support guideline tables. In Kentucky
and Maryland, this is for when the party's combined gross monthly income levels exceed $30,000. While in the Washington version, this is for cases where the party's combined net family exceeds
$12,000.
These extrapolations are only recommendations generated by the program and are not advisory or presumptive, and may not reflect what any court may actually decide for each case. These extrapolations can be conducted by clicking on the "Extrapolation Defaults" menu at either the top of the child support report screen or at the top the child support worksheet screen. You can set the method of extrapolation by clicking on one of the options. The option which has been selected as the current default will
have a checkmark applied next to it.
If "Extrapolate Using A Linear Regression" is chosen, then
Support 2024 will extrapolate using a simple linear regression of the child support table using the following straight line formula:
ChildSupport = (Combined Net Income * A) + B;
where the values for A and B are determined from a linear regression of the specific column at the highest income levels shown in the child support table.
If "Extrapolate Using A Parabolic Regression" is selected from the drop down menu, then
Support 2024 will extrapolate using
one of the following formulas depending on the particular state version.
Child Support = (Combined Net Income) Y
Child Support = (A *
(Combined Gross Income - B)) 1/2
where the exponent Y and the constants A
and B are derived at the highest income levels shown in the child support table. The value of Y, A
and B will vary depending on the specific column used in the support table.
The linear regression extrapolation method will generate a higher child support figure than the parabolic curve method. The parabolic curve will drop below the straight line regression as combined gross or net monthly incomes increase. The user can also select the option to not use any extrapolations of the child support tables.
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What Is The Defined Benefit Pension Plan Valuation Calculator?
The majority (maybe the vast majority) of defined benefit pension plans are divided by QDRO. A QDRO eliminates any of the actuarial hypotheses about value and are (generally) preferred, particularly where any litigant would rather opt out of these speculations or prefer not to "buy out" the present value. This said, there are still many cases where a "buy out" of value makes sense. And many cases where this is the preference of the parties.
In these cases the value of the plan is derived by (1) calculating the life expectancy of the holder at his or her retirement age, (2) reducing the stream of payments (as projected by the number in (1) to a present value (as of the evaluation date) by using a discount rate, (3) summing the reduced stream of payments and (4) reducing this by the possibility the holder will die prior to the pension going into pay status. This yields a gross value. It is also necessary to reduce the result by an expected tax rate.
For more information on Defined Benefit Plans, examine the link located on the
Theory and Writings page on this Web Site..
In
Support 2024
to find the defined benefit pension plan evaluation program, click on the "Tools" menu at the top of the data entry express screen. A screen printout is available for a hard copy report of the pension valuation calculation.
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