When a couple divorces in Minnesota it is vital to get an accurate accounting of their ex-spouse's income. Income is important because it impacts how the court calculates alimony. Unfortunately, calculating real income for the sake of alimony is not always easy. One way to calculate alimony, however, is to use a spousal maintenance calculator. For Minnesotans currently filing for divorce and requesting spousal maintenance the following may be helpful.
In Minnesota, certain divorce-related payments such as child support payments are based on strict statutory guidelines. Child support guidelines, for example, are based on factors such as the number of children the non-custodial parent is supporting and their income. Unlike child support, spousal maintenance is not governed by strict statutory guidelines. An accounting of the ex-spouse's net income, however, is still equally vital to the calculation.
At first glance, calculating net income may seem easy; however, there are many jobs and businesses where individuals receive cash, much of which may not show up on the books. In such cases, attorneys often recommend bringing in a forensic accountant to get an accurate picture. A forensic accountant will look at the big picture in order to find hidden monies and provide an accurate picture of a person's income for purposes of the divorce proceedings.
In addition to unreported income, when the non-custodial spouse is unemployed the court will often look at whether the person was laid off or quit. In cases where a person looses their job through no fault of their own, the court should not penalize them. However, if it appears that the person is attempting to deceive the court or evade making court order payments the court can impute a higher income based on the person's actual earning potential.
Source: Huffington Post, "How Do You Determine Child Support and Alimony?," Henry S. Gornbein, Feb. 21, 2013
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