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Order Alimony After Divorce Family-Law
Can a court order alimony payments after divorce/separation?
Yes. As part of the judgment of dissolution or legal separation, a court may order one spouse to pay the other alimony.
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Can a Hawaii court order alimony payments after divorce or separation?
The term “legal separation” is more colloquial than legal in nature. It can involve a court order declaring that a couple is no longer living together, and that all the issues concerning the marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property, attorney fees, and personal conduct) with the exception of marital status. Spouses who are separated are not free to marry since neither has been returned to the legal status of an unmarried (single) person.
Can a court order payment of support during the marriage?
Depending upon state law, one spouse may be ordered to pay support to the other spouse. One spouse may bring a lawsuit against the other spouse for his/her failure to provide support. In addition, if a county furnishes support to a spouse, the county may seek a court order to obtain reimbursement for support furnished, continuing support and attorney fees incurred in the action.
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Order Alimony During Divorce Family-Law
Can a court order alimony payments during a divorce or separation case?
Yes. While a divorce, dissolution of marriage or legal separation lawsuit is pending, a court may order one spouse to pay “temporary” alimony to the other spouse. Such an order, issued while the lawsuit is pending, is often called a “pendente lite” order (a Latin term meaning “pending the lawsuit”) or “temporary alimony order”.
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Can a Virginia court order alimony payments during a divorce or separation case? | Family Law
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Order Support During Marriage Family-Law
Can a court order payment of support during the marriage?
Depending upon state law, one spouse may be ordered to pay support to the other spouse. One spouse may bring a lawsuit against the other spouse for his/her failure to provide support. In addition, if a county furnishes support to a spouse, the county may seek a court order to obtain reimbursement for support furnished, continuing support and attorney fees incurred in the action.
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CHILD SUPPORT PAID WITHOUT A COURT ORDER IS NOT A GIFT-HERE'S WHY...
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Description
When a parent is sued for child support, the plaintiff is, in most cases, claimi...
A “tort” is a civil wrong. Say you were injured crossing a street by a driver speeding through the red light. You have incurred pain and suffering, medical and physical therapy expenses, and you missed work, using 20 days of sick leave. The driver’s insurance company offered to pay only the doctor bills and you are unsatisfied with the proposed settlement offer.
You can file a tort action against the negligent driver in an effort to recover for both the out-of-pocket costs and the physical or emotional injuries you suffered.
Tort-based lawsuits are frequently brought for injuries sustained as a result of negligence, defective products, medical malpractice, unsafe premises, unsafe products.
(2) Contract Actions:
You paid a supplier to deliver merchandise. The goods were defective. You want your money back. Or you paid a contractor to repair your leaky roof and after constantly badgering him to finish the job, hired someone else to do it. You want to “sue the tar out of him” but at least recover what it cost you to have someone else do the job. You can file a civil action claiming breach-of-contract.
(3) Actions:
The typical divorce and custody and support cases.
(4) Private nuisances:
The proverbial “neighbor’s dog incessantly howling day and night and the neighbor does nothing” story. You file a lawsuit to force you neighbor to do something about his/her howling mutt.
Although there are over a million of them filed each year in Federal Bankruptcy Court, bankruptcy matters are not really lawsuits. There is no plaintiff or defendant although there may be claims raised in Bankruptcy Court that resemble lawsuits.
How can I obtain a tax deduction for a support payment?
In order for a support payment (other than any child support payment) to be eligible for an income tax deduction by the payer spouse, the following requirements must be met:
(1) The payment must be made in cash (including checks and money orders payable on demand, but excluding transfers of services or property)
(2) The payment must be made under either
(a) a divorce or separation instrument (a court order or decree of divorce or separation or a written instrument incident to such a decree or a decree which requires a spouse to make payments for the support or maintenance of the other spouse), or
(b) a written separation agreement between a husband and wife who are living apart requiring periodic payments because of the marital or family relationship (whether or not the agreement is a legally enforceable instrument)
(3) The spouses do not file a joint income tax return
(4) The written instrument or agreement does not provide for other tax treatment, and
(5) The payer has no liability to continue to make payment after the death of the other spouse.
Any child support included as part of an alimony, family support, separate maintenance or spousal support payment is not eligible for a deduction by the payer and is not taxable income to the supported spouse according to Federal income tax rules.
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Tax Deduction Support Payment Family-Law
How can I obtain a tax deduction for a support payment?
In order for a support payment (other than any child support payment) to be eligible for an income tax deduction by the payer spouse, the following requirements must be met:
(1) The payment must be made in cash (including checks and money orders payable on demand, but excluding transfers of services or property)
(2) The payment must be made under either
(a) a divorce or separation instrument (a court order or decree of divorce or separation or a written instrument incident to such a decree or a decree which requires a spouse to make payments for the support or maintenance of the other spouse), or
(b) a written separation agreement between a husband and wife who are living apart requiring periodic payments because of the marital or family relationship (whether or not the agreement is a legally enforceable instrument)
(3) The spouses do not file a joint income tax return
(4) The written instrument or agreement does not provide for other tax treatment, and
(5) The payer has no liability to continue to make payment after the death of the other spouse.
Any child support included as part of an alimony, family support, separate maintenance or spousal support payment is not eligible for a deduction by the payer and is not taxable income to the supported spouse according to Federal income tax rules.
Free Tax Debt Analysis!
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How can I obtain a tax deduction for a support payment?
The Federal Parent Locator Service (FPLS) obtains and transmits information about the location of any absent parent when that information is to be used for the purpose of enforcing child support. The service is an arm of the Department of Health, Education, and Welfare. The FPLS also can be used in connection with the enforcement or determination of child custody, visitation, and parental kidnapping. There are also state parent locator services in some states.
Recent federal legislation (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) also expanded the FPLS’s services to include a National Directory of New Hires and a Federal Case Registry of Support Orders. FPLS will match data between the New Hire and Case Registry every two days and report matches to states within two days.
The first difference is the purpose of the support payment. If the intention is solely to provide for the other spouse, without regard to the support of children, either alimony or spousal support is used.
The other major difference is the Federal Income Tax (and where applicable, state income tax) treatment of the payment. Alimony, family support, separate maintenance payments, and spousal support may be deductible from the income of the spouse making the payment, and taxable income to the supported spouse.
