The same confusion exists in Title 19-A, section 2001, subsection 5, paragraph E, which reduces the gross income of a child support payor for the amount of "preexisting spousal maintenance ...actually paid..." This language also gives rise to similar opposite possible interpretations.

While existing law can therefore be interpreted to suggest that spousal support as an inclusion or exclusion from gross income might be treated differently at different times for the purpose of calculating presumptive child support, there is no logical reason to treat spousal support differently in the initial child support proceeding than in a child support modification proceeding.

The treatment of spousal support in the computation of gross income should be clear and consistent from the entry of the initial child support order to any amendment of that child support order. This bill accomplishes that by clarifying that the only spousal support that is to be considered in gross income is spousal support paid or received pursuant to an order established as the result of a marriage that does not involve the children for whom child support is being computed. Not only does this proposed change create uniformity of treatment at all stages of the litigation, it is also consistent with the policy of the spousal support statute requiring the court to consider the child support payment when determining the spousal support payor's ability to pay spousal support. See Title 19-A, section 951-A, subsection 5 paragraph P, subparagraph (2).