- 15 -
delinquent periodic alimony stated in her petition to the
Virginia Beach District court, subtract $71,843 as the amount of
periodic alimony that Ms. Amarasinghe waived according to the
Order, and add the result to the lump-sum spousal support of
$24,043.80. Under this calculation, $61,400.80 of the
distribution would be alimony.
The Order provides that the distribution would first bring
current Dr. Amarasinghe’s payments for child support, insurance
premiums,5 and lump-sum alimony, and the remainder would bring
current Dr. Amarasinghe’s periodic alimony payments. We find
that Ms. Amarasinghe’s original calculation mirrors this
intention because it first accounts for child support, insurance
premiums, and lump-sum alimony, and allocates the remaining
distribution to periodic alimony. By contrast, Ms. Amarasinghe’s
alternative first accounts for the lump-sum alimony and alimony
not waived; therefore more of the distribution is allocated to
child support and insurance premiums than necessary to bring
those obligations current, which would require Ms. Amarasinghe to
waive more of her periodic alimony than is necessary. Because we
find that Ms. Amarasinghe’s original calculation reflects the
allocation made in the Order and makes no unnecessary
allocations, we conclude that Dr. Amarasinghe may deduct $75,318
5 The parties agree that the insurance premiums constitute
child support.
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: March 27, 2008