Search Site
Menu
 Whippany, New Jersey | New York, New York
Free 30-Minute Consultation 973-428-0800
Will the Courts Place Child Support Ahead of Alimony in Order of Importance?

Will the Courts Place Child Support Ahead of Alimony in Order of Importance?

Interviewer: It seems as if the court will put child support before alimony. For example, if you have limited resources, and there’s only so much to give, will the court favor a higher child support and a lower alimony if the two have to be traded off against each other?

The Tax Consequences Are a Factor in Determining the Amount of Child Support and Alimony

Tanya: It depends on the individual facts. It may make more sense, dollar and cents wise to give the money to the mother as alimony because of the tax consequences. So that at the end of the day the same dollars that dad has in his pocket are taxed at a higher rate than if they went to mom’s pocket

And so if the courts instead award it to the wife as alimony, the family would actually have more money to live on. Because sometimes it’s not that the courts are thinking of the children as more important than the wife. It really could be just the actual calculation based on the tax factors. Where does the money make more sense to be?

Interviewer: So, I’m amazed at how complicated it is.

Tanya: It can become complicated. This is because obviously if you’re going to lose $5,000 to the IRS if you leave it with father and you call it child support, but if you give it to the wife, the whole family saves $5,000. Doesn’t that make more sense?

A Qualified Matrimonial Attorney Can Advise You on the Best Resolution

Interviewer: It also speaks to why you should have a qualified matrimonial attorney because I didn’t know any of these issues existed.

Tanya: Yes, and you need an attorney who knows how to do calculations, which are math really when you’re dealing with finances. But it’s really very important to understand business. That is one of my firmest beliefs. It’s very important to understand liabilities, debt, and tax implications as a matrimonial lawyer.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Offices
  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
  • New York Office
    420 Lexington Ave.
    New York, New York 10170
    Phone: 646-213-9053
Testimonials
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought. "  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services. "  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful. I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

Media
Videos View All

Podcasts
view All

Press Releases