The unallocated payments of alimony and child support in a separation agreement reviewed in the case Tomlinson v. Tomlinson, in Connecticut.
By Laura Morgan, Family Law Consultant
The order requiring the former husband to make unallocated payments of alimony and child support was modifiable with respect to child support, notwithstanding the provision of a separation agreement incorporated into divorce judgment stating that the unallocated payments were nonmodifiable.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
If the income was used to determine the value of the business, and half the value is given to the alimony-receiving spouse, the amount of money to pay alimony has been reduced. You simply cannot draw from a finite pot of money and expect it to be full every time. This is why so many business-owner spouses feel like they’re getting treated unfairly in their divorces. And in essence, they are.