How are support payments treated under federal income tax rules?
Support Payments Tax Spousal Support
How are support payments treated under federal income tax rules?
Child support payments are typically not deductible from the income of the payer and are not included as taxable income to the supported spouse. Alimony or spousal support payments are tax deductible by the payer and taxable income to the supported spouse.
According to the Federal Internal Revenue Code, ” … any payment which the terms of the divorce or separation instrument fix (in terms of an amount of money or a part of the payment) as a sum which is payable for the support of children of the payer spouse” is not considered alimony or a separate maintenance payment. Thus, such payments are a tax neutral event (they are non-taxable to the person receiving them and non-deductible to the person making them).
Federal Income Tax Regulations state:
“A payment is fixed as payable for the support of a child of the payer spouse if the divorce or separation instrument specifically designates some sum or portion (which sum or portion may fluctuate) as payable for the support of a child of the payer spouse. A payment will be treated as fixed … if the payment is reduced (a) on the happening of a contingency relating to a child of the payer, or (b) at a time which can clearly be associated with such contingency. … For this purpose, a contingency relates to a child of the payer if it depends on any event relating to that child, regardless of whether such event is certain or likely to occur. Events that relate to a child of the payer include the following: the child’s attaining a specified age or income level, dying, marrying, leaving school, leaving the spouse’s household, or gaining employment.”
Thus, under Federal income tax law, regardless of the label that is used, most child support payments are a tax neutral event, while most support payments provided to the other (former) spouse are deductible to the payer and included in the taxable income of the supported spouse.
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Aznoparentalconsent – What is the age without parental consent in arizona?
What is the age without parental consent in arizona?
Male: 18
Female: 18
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What is the age with parental consent in nebraska?
What is the age with parental consent in nebraska?
Male: 17
Female: 17
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Traumatic Brain Injury – How is it caused?
Brain Injury Cause Brain Injury
Traumatic Brain Injury – How is it caused?
The damage may be caused by the head forcefully hitting an object, such as when hitting a windshield, or the dashboard of a car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or knife wound to the head (penetrating head injury). Closed head injury is also experienced without direct penetration of the skull or external trauma when the brain undergoes a severe forward or backward shaking or twisting, such as the shaken baby syndrome or a whiplash. The difference between the two is substantial since the first often will leave no obvious external signs and yet can cause more widespread damage.
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Categories: Personal Injury Laws Tags: injury
How long do you have to be exposed to manganese fumes before you suffer adverse health effects?
Welding Rod Exposure Side Effects Drug Toxic Chemicals
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How long do you have to be exposed to manganese fumes before you suffer adverse health effects?
Manganese fumes, if inhaled, have been associated with various neurological diseases, including Parkinson’s, since 1837. Again, in 1932, 1937, 1963, and 1981, additional studies were published linking neurological damage with exposure to manganese fumes.
Prolonged exposure for as little as three months can lead to problems that typically begin with feelings of weakness and lethargy and psychological disturbances. Manganism is often reversible if it is recognized and arrested in this early stage.
However, long term exposure to manganese can cause irreversible diseases such as: bronchial asthma, lung fibrosis, pneumoconiosis or “siderosis,” central nervous system disease similar to Parkinson’s Disease, including slowness, changes in handwriting, gait impairment, muscle spasms and cramps and less commonly, tremor and behavioral changes. Other long term exposure problems include lung fibrosis or pneumoconiosis, higher incidence of lung and nasal cancers, ulceration and perforation of nasal septum, respiratory irritation, lung cancers, loss of appetite, weight loss, loss of muscle coordination, difficulty in breathing and anemia.
People who are overexposed to manganese compounds should be seen by a physician for early detection of neurological problems.
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Categories: Personal Injury Laws Tags: C, Lua
Consumer Debt Collection Lawsuits: Are They Federal Or State Matters?
consumer-debt-collection-lawsuit collections
Consumer Debt Collection Lawsuits: Are They Federal Or State Matters?
When you’ve been sued or harassed by a debt collection agency or a debt buyer, a company that purchases debt and generally uses illegal, strong-arm tactics to collect, it’s important to know that you have rights in these situations. Consumers who have been injured may be able to collect damages by suing the creditor in either federal or state court.
Federal vs. state
While the Fair Debt Collection Practice Act (FDCPA) is a federal law that protects consumers against the illegal practices of creditors, many states have adopted their own laws. We asked Steve Recordon, an attorney from San Diego, California whose firm represents individuals who have been sued or harassed by debt buyers, to explain when cases are filed in federal vs. state court. Here’s what he told us:
It depends on the type of case, but the answer to that question has an interesting twist to it. A telephone harassment suit is going to be filed only in federal court. Why? Well, if you tried to file it in state court, the debt collector’s attorneys are going to remove it to federal court anyway, so you might as well start there. If it’s already resulted in a lawsuit, the lawsuit is going to be filed in state court. What an attorney will do is file an answer and a cross-complaint in that case alleging violations of the federal or state statute.
If a lawsuit is filed in state court, technically, you could just file a cross-complaint in state court and then walk over to federal court and file just the FDCPA violation there. So, you have a couple of different strategic moves and attorneys approach it differently.
State debt collection laws
Recordon says that most states have enacted laws that are similar to the federal FDCPA. They also have a private attorney general provision so that the debt collector, if he violates the law, has to pay the attorneys’ fees of the debtor. In California, the statute is called the Rosenthal Act; it’s very similar to the Fair Debt Collection Practice Act, but on the state level.
Here’s how it comes into play, according to Recordon, “Let’s say a debt collector files a lawsuit for a credit card in state court. In this situation, the Rosenthal Act will come into play. So does the federal statute, but normally, what will happen with the federal statute, if that’s violated, is that it will be prosecuted in the federal courts. So, it gives both the state and federal courts jurisdiction.”
If you’ve been sued or harassed by a debt buyer / collection agency, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and strictly confidential. To contact an experienced attorney, please click here. We may be able to help.
Categories: Bankruptcy laws Tags: consumer, legal
If I only use 3 notes, is that copyright infringement?
Use Of Notes Music Law Intellectual Property
If I only use 3 notes, is that copyright infringement?
There are rumors that sampling only four notes is not copyright infringement because it is protected as “fair use”. This notion of reducing copyright infringement down to the number of notes uses, however, is simply wrong. If you sample a single note, beat, or line from a sound recording without permission, that constitutes copyright infringement. Under current US copyright law, unauthorized “sampling” – no matter how minimal or seemingly innocuous- is usually not considered “fair use”.
Under US Copyright law, the true test for copyright infringement is not the number of notes sampled, but whether the sample is “substantially similar” to the original work. The other main questions is whether it should qualify as “fair use”.
In short, if you engage in unauthorized sampling and get sued by the owners, don’t expect to prevail in court on a “fair use” defense if you use the songs commercially for your own private benefit.
(Reprinted with permission of Ruben Salazar, Esq.)
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Categories: Intellectual Property Laws Tags: C, sample
How are alimony and child support payments taxed?
Alimony Childsupport Taxed Income Tax Law Tax Law
How are alimony and child support payments taxed?
Child support payments are neither deductible nor income to the recipient. Alimony payments can be structured by the parties to produce either of two tax results:
(1) deductible by the payer ex-spouse and gross income to the recipient ex-spouse, or
(2) not deductible by the payer and not income to the recipient.
In settling a divorce, the parties frequently plan on whichever tax result works out best. If the payments are not structured to comply with the rules, the general rule is that alimony payments are income to the recipient and deductible by the payer.
Frequently, divorcing couples agree upon a fixed aggregate payment from one spouse to the other. Even if the recipient spouse dies before the payments are due, this sum will be payable, and it will be treated as a property settlement. A property settlement is not deductible by the transferor and is not income to the transferee. Even if the payments are properly structured, the Internal Revenue Code prevents deduction of “front-loaded” payments.
The tax consequences of payments to be made because of the dissolution of a marriage are complicated, and divorcing couples would be well advised to take them into account in agreeing on the economic issues involved in divorce.
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Bifurcation – What is a ‘bifurcation’ of marital status?
What is a ‘bifurcation’ of marital status?
In a dissolution of marriage lawsuit, one spouse may want to get married before all the other issues are resolved (child custody, child visitation, a href=”http://family-law.freeadvice.com/child_support/”>child support, spousal support, distribution of property, attorney fees, and personal conduct). Under state law, one spouse may be able to have the issue of marital status taken separately from the other issues, in order to remarry while providing additional time to work to resolve the remaining issues. By “bifurcating” marital status from the other issues, a spouse can be returned to the legal status of an unmarried (single) person, while the court retains the ability to resolve the remaining issues (at trial if negotiation fails).
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Categories: Family Law FAQ Tags: family, legal
What is the age with parental consent in Massachusetts?
What is the age with parental consent in Massachusetts?
Male: 14 – parental consent and/or permission of judge required.
Female: 12 – parental consent and/or permission of judge required.
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