A bill proposal that aims to reform the harsh laws concerning alimony in Massachusetts is on the table.
A contingent order for California alimony means that the payments are to continue until a specific event (contingency) occurs.
A form of constructive services is where an ad is placed in the newspaper for a specific number of days advising the Respondent that legal action is being taken to vary the amount of alimony to be paid.
A judge can make an alimony ruling for a fixed-term order where the support payments are made for a specific time only.
A judge may award alimony to a former spouse while they are attempting to upgrade their job skills.
A judge may decide to consider any other economic factors that he or she considers relevant when making a decision about whether to award alimony, and how much spousal support should be paid.
A judge who must make a ruling on the question of alimony will look at how much one spouse contributed to the marriage through unpaid work.
A judge will look at the financial situation and lifestyle of both you and your spouse to calculate alimony payments.
A marriage lasting 20 or more years will require alimony payments to be made until the payer reaches retirement age, as defined by the Social Security Act.
A number of factors are considered by the Court when deciding whether and for how long to award alimony.
A payment made to another person or company on behalf of a spouse for housing, medical bills, tuition or taxes may also be considered alimony payments for income tax purposes.
A payment that meets the alimony definition under the law is considered income, and the recipient needs to understand that he or she won't receive this money free and clear.
A request for alimony must be heard by a judge, who will decide whether to grant spousal support, how much will be paid, and how long the financial assistance will last.
A Supplemental Final Judgment Modifying Alimony will be signed by the judge.
About 80,000 went in payments on all the estates to the Land Bank, about 30,000 went for the upkeep of the estate near Moscow, the town house, and the allowance to the three princesses; about 15,000 was given in pensions and the same amount for asylums; 150,000 alimony was sent to the countess; about 70,000 went for interest on debts.
Administrative forms exist mainly for the court's records; substance forms dissolve the marriage, distribute property, assign child custody and award alimony, if applicable.
After losing his job, he contacted his lawyer to request that his alimony payments to his ex-wife be reduced.
Alimony cannot be requested simply as a matter of principal, but must instead be demonstrated as being necessary.
Alimony is also known as spousal support or maintenance.
Alimony is financial support paid by one spouse to the other as part of a separation agreement or divorce judgment.
Alimony is not paid from the paying spouse's estate if he or she dies.
Alimony is often referred to as "spousal support" or "maintenance."
Alimony laws in Massachusetts include extreme payment terms and future consideration of income and new spouse assets for modifications.
Alimony payments are taxable in the hands of the recipient.
Alimony reform calls for payment terms to cease immediately upon the recipient's re-marriage or cohabitation with a new partner lasting at least three months.
Alimony reform for Massachusetts has been a hot topic for quite a while, creating many issues for residents already divorced, and creating undue stress for couples seeking a divorce.
Alimony, or maintenance, is financial support paid by one spouse (or former spouse) to the other.
Alimony, or spousal support, represents the money tendered to the divorcing or separated spouse who has lower income and fewer financial resources.
Although they may vary slightly from state to state, the basic alimony requirements are few and easy to understand.
Another situation where alimony may be ordered is where one spouse needs time to become self supporting.
Any couple thinking about divorce should take alimony into careful consideration.
Any decision about who qualifies for alimony needs to be made on a case-by-case basis.
As the primary breadwinner in her marriage, it is expected that her divorce may turn into a battle over alimony payments and the division of assets.
As you can see, there are several steps involved in making an application for reduction in alimony.
At this time, the alimony payment term ends.
Before making a decision about alimony, it's important to research both the alimony and tax requirements in your state to ensure that alimony is the right solution for your family.
Both men and women are eligible to receive alimony payments.
Both payers and recipients of alimony in Massachusetts agree that current laws go too far and must be reformed.
California alimony laws are written so that judges have a specific set of criteria to consider when determining whether to award spousal support and how much should be paid.
Care must be taken so that the Internal Revenue Service doesn't suspect that the payments being made as alimony are really for child support, and therefore not tax deductible for the higher-earning individual.
Certain states, like California, have unwritten guidelines for determining how long a former spouse will receive alimony.
Courts have not been able to decide exactly when alimony should be order and how to calculate payments.
Current alimony requirements specify that during any year in which the couple filed a joint tax return, neither party can claim alimony.
Decide on temporary child support, custody, and/or alimony.
Division of personal property and alimony or palimony discussions may also take place.
Each state has its own guidelines for awarding alimony, and the judge may not give each factor equal weight when making a ruling about spousal support.
Even voluntary alimony works best when governed by a written agreement signed off on by both parties.
Figuring out alimony requirements can be one of the most confusing aspects of getting a divorce.
For alimony to come into play, the couple must live apart and away from one another.
For best results, both parties should strive to understand all elements of alimony before reaching a final divorce agreement.
For example, if you've been a stay-at-home mom for the majority of your marriage, you may want alimony or a portion of your husband's pension plan.
For more information about alimony in your state, please consult a licensed attorney.
For residents of the Golden State, California alimony laws are an important consideration in a divorce matter.
For the sake of maximum clarity, alimony payments should be set forth clearly in a divorce decree or in a written agreement.
For the spouse in a higher tax bracket, paying alimony may actually save him a substantial amount when tax time rolls around.
Generally speaking, a person who is legally ending a long-term marriage may be more likely to be awarded alimony than someone was only married for a short period of time.
How much each spouse earns has the biggest effect on alimony payments.
How much, if any, alimony or spousal support will be paid?
However, keep in mind, that even though you may be able to show how much money you need, the decision to award alimony is still at the discretion of the Court.
However, since these are not alimony guidelines, you won't be able to know for certain that the Court will decide in your favor.
If a re-married alimony payer becomes unable to pay future alimony payments, the new spouse becomes responsible for paying the ordered maintenance.
If alimony and child support are a concern, make sure to mention that provisions should be made.
If an alimony payer is also required to maintain health and life insurance for an ex-spouse, the cost of insurance is not deducted from the alimony payment, but made in addition to the ordered maintenance amount.
If handled properly, even non-court ordered (voluntary) alimony payments are tax deductible.
If one spouse pays for the other's education during the marriage, it's not likely the paying spouse will have to pay alimony.
If one spouse worked while the other one attended college or university, then that person's contribution to the marriage will be weighed when determining how much alimony should be ordered.
If the paying spouse loses his or her job or the recipient's income level increases significantly, this may be grounds to change the order for alimony.
If the Petitioner is successful in his or her application for reduction of alimony, then the judge will change the amount of alimony to be paid.
If the spouses have no children from the marriage and agree on the important terms in the New York divorce case, such as property division and alimony, then the court will grant an uncontested divorce.
If the support payer is ordered to maintain health or life insurance for the recipient, the cost of insurance is deducted from the original alimony order.
If there is a large gap in income between the spouses, it is more likely that the judge will order that alimony should be paid.
If you and your spouse are considering divorce and alimony, the sections below may help you both decide if spousal support is right for you.
If you and your spouse have a similar income or if the person requesting the alimony makes more than the other, it is not likely the Court will award alimony.
If you are currently making alimony payments, you need to continue making your payments until a judge makes a ruling otherwise.
If you are looking to arrange for alimony, you will probably need to consult an attorney.
If you are wondering, "How is alimony calculated?" continue reading to find out the answer to this interesting question.
If you have children or if alimony is an issue, either your attorney or your spouse's attorney will probably file an Order to Show Cause requesting that the court make decisions regarding custody and child support.
If you want to calculate alimony payments or spousal support, it's not as easy as you think.
If you're looking for alimony guidelines, you won't find them.
If, after separation, one party's standard of living is significantly lower than during the marriage, the Court may order that alimony be paid so that he or she can continue to enjoy the same standard of living as while married.
In a situation where one spouse has been a full-time parent, the other one may be ordered to pay alimony until the youngest child reaches a certain age.
In addition, if both child support and alimony payments are ordered, a deduction will be made from the gross income used in the second support calculation to reflect the amount of maintenance already scheduled to be paid.
In cases involving a claim for alimony, you should get expert legal advice as well.
In cases where alimony and child support are ordered, the same gross income calculation is used to create both separate payments.
In fact, there are more men receiving alimony than in the past.
In general, if a spouse has been dependent of the other, a judge will award alimony to him or her.
In most cases across America, judges typically only award alimony to a spouse who has been largely dependent upon the other spouse for a long time.
In order for payments to constitute as alimony and therefore become tax deductible, make certain they are all tendered in the form of cash, check or money order.
In recent years, the trend has been to award alimony for a specific time only.
In some cases, a judge may order rehabilitative alimony for.. .
In some states, the Court will also consider fault when making a ruling about alimony.
In that situation, temporary alimony may be ordered.
In the alimony section of the divorce settlement, you may find it beneficial to state when spousal support will end.
In the event that a payer acquires new income from any source the additional amount can be included in an alimony modification order.
In the latter action, the involved spouses wish to live apart but not divorce and one spouse wants or needs alimony to do so (hence the word, "maintenance").
Income and expenses for both spouses are examined to determine whether there is a financial need for alimony and if the other spouse has the means to pay.
Is it my consumer spending that's the problem rather than debt that I couldn't help (alimony, child support, medical costs)?
It also means that the family of the deceased spouse who paid alimony does not have to continue the alimony payments.
It is not the same as alimony, which is a payment that is intended to compensate someone who was economically dependant upon his/her spouse for the majority of the marriage.
It's a very good idea to include a provision that a life insurance policy be put in place for the paying spouse for the total amount of alimony that he or she could be expected to pay.
Judges are given a lot of discretion when deciding who qualifies for alimony.
Legal judgments handed down set precedents for not including alimony as part of the amount ordered for child support payments.
Like child support, alimony provides a secure and stable foundation upon which to build a new life.
Like child support, an award for alimony will be made based on ability to pay.
Longer marriages usually result in higher alimony payments.
Many divorced alimony payers are unable to re-marry, as future spouses don't want to be on the hook for alimony payments.
Many factors are taken into account when a judge is asked to make a ruling about whether spousal support should be paid, and what the rate of alimony payments should be.
Massachusetts is known on many levels for being a liberal state; however, this trait does not extend to one of the most frequent payments ordered through divorce proceedings - alimony.
Most states do not have the same kinds of guidelines about alimony that are in place for child support payments, and a judge will need to determine what the rate of alimony payments should be.
Multiple organizations, including the Women's Bar Association in Massachusetts, support initiatives that address some reform of current alimony laws.
Neither spouse can pay or receive alimony during the time in which they share a residence.
New reform would cap the alimony amount ordered at 30 to 35 percent of the payer's gross income.
New York divorce laws let spouses end their marriage and decide on important issues such as dividing property, providing alimony, child custody, support, and visitation.
Next, you identify your deductible expenses, such as taxes, alimony payments and charitable gifts.
No matter if you are the requestor or the payer of spousal support, it is important you know how to calculate alimony payments.
Obviously, the spouse who receives alimony benefits from an expanded income but there are financial benefits for the spouse who pays alimony as well.
Once a determination has been made regarding child support and other expenses involved in raising children, then the question of whether alimony is appropriate is brought forward.
Once alimony begins, both parties must make sure to file completely separate tax returns.
Other forms include a child custody and support agreement, alimony agreement and property distribution settlement agreement.
Payers of alimony have a life-long term to make payments.
Permanent alimony can be changed or revoked if there is a change in circumstances.
Permanent alimony is awarded to a spouse for the remainder of their lifetime or until they remarry or cohabitate with someone.
Permanent alimony is only awarded in certain situations.
Permanent alimony refers to payments that will be made indefinitely.
Receiving alimony is not automatic when a marriage ends.
Reform would place state laws closer to alimony legislation in other states.
Rehabilitative alimony is intended to allow one of the spouses to attend school or receive work training so that they can reenter the workforce.
She was worried about how to make ends meet after the divorce, but alimony from her ex-husband provided a financial cushion until she was able to go find work.
Since husbands are traditionally the payers of alimony, this section legislation has been dubbed the "2nd Wives" clause, although if the payer is a woman, it also applies to 2nd husbands.
Some couples opt to calculate alimony payments themselves instead of using a judge.
State law in California also allows for court-ordered alimony payments to be reduced or terminated if the recipient's financial circumstances change and the support is no longer needed.
Temporary alimony is awarded to the spouse for the duration of the divorce.
Temporary alimony will be ordered as a way to compensate the recipient for contributing to the other spouse's business or so that he or she could get established in a career.
The age and health of each party is another factor judges consider when determining if alimony should be paid.
The alimony payments are deductible by the person making the payments.
The amount of alimony awarded depends upon a number of factors directly related to both of the divorcing parties.
The amount of alimony may be agreed to by the parties, but should be based on need.
The amount of alimony ordered by a judge should take this fact into consideration.
The amount of alimony payable may be reduced if there has been a "substantial change in circumstances."
The amount of money the primary breadwinner from the marriage earns can greatly influence the eventual amount of alimony the other partner is awarded.
The Court awards alimony after considering the spouses' financial situation, earning capacity, income, and the circumstances of the marriage.
The court can also deny a request for alimony.
The Court is much more likely to award alimony to a spouse that has custody of the children from the marriage.
The court may also determine the amount of an alimony award.
The Court may award alimony to one spouse to preserve the standard of living that he or she had while married.
The Court will likely not order permanent alimony unless the parties were involved in a long-term marriage where one person stayed at home.
The first step in an application for reduction of alimony is complete a form to petition the Court to modify the amount of alimony to be paid.
The goal of one spouse paying alimony to the other is so that the recipient retains the same standard of living as he or she had during the marriage.
The harsh alimony statutes, coupled with restrictions on order modifications have led Massachusetts residents to demand reform.
The individual receiving alimony payments must have been aware of his or her obligation to at least contribute to his or her financial support.
The judge may award permanent alimony in that situation, which means the payments continue until the recipient dies or remarries.
The main character, played by Matt Dillon, can't afford to join-in, because he has to pay alimony to his ex-wife.
The only way that the amount of alimony can be changed is if a judge signs an order to that effect.
The payer and recipient cannot be living in the same home if the alimony payment is being made under a divorce decree.
The payer and recipient cannot file a joint income tax return for any year where a deduction for alimony payments is being claimed.
The person receiving alimony payments needs to understand that the financial support is considered a source of income, and is taxable to the recipient.
The Petition for Modification of Alimony form needs to be signed in front of either a notary public or a deputy clerk.
The question of who qualifies for alimony is not an easy one to answer.
The question, "How is alimony calculated?" is a complicated one to answer.
The rate of alimony payments will depend on the payer's financial situation.
The reasoning is that alimony can be used to bring each household to a similar standard of living.
The spouse considering a request for alimony will need to factor in their present and future financial needs in order to make a decision about whether to proceed.
This form of alimony is given for a short time to allow the recipient to upgrade his or her education or to find a job.
This form of alimony may also be ordered to allow the recipient to remain in the home to care for a child up to a certain age.
This includes monies from not only a job, but also alimony payments, child support or other income sources (such as a relative making car payments).
This is a good time to bring up your concerns relating to custody, alimony, visitation, child support, and other key issues of your divorce.
This is on top of the reported $40,000 a month alimony Linda receives.
This means that alimony continues for life, even if the recipient re-marries or cohabitates with a new partner.
This means the income and assets of a 2nd spouse is no longer considered for order modifications, nor can a new spouse be held responsible for making alimony payments to the payer's ex.
This one likely falls into the realm of common sense, but alimony requirements specify that payments must cease when one or the other spouse dies.
This term was originally used by a Florida court in 1932 as a means to award alimony to a wife who had been unfaithful to her husband.
This type of alimony is usually awarded when the spouse is unable to work due to age, disability or needing to care for a disabled child.
This type of alimony is usually reserved for times when the couple were married for a long time and one spouse was out of the workforce to raise children and look after the home.
This type of alimony lasts only as long as the classes or program is anticipated to take.
To fit the alimony definition and to be tax deductible for the payer, none of the money can be considered a child support payment.
To make a determination about alimony, the judge weighs a number of factors.
To make sure that any alimony payments are eligible as tax deductions under an alimony definition, consult a financial advisor or tax accountant.
To understand how spousal support is treated for income tax purposes in the hands of the person making the payments and the recipient, start with an alimony definition.
Under state law, a judge has the power to order the level of alimony payments for a separated or divorced couple.
Under the provisions of the law in effect at that time, an adulterous wife could not be awarded alimony.
Unlike child support payments, there isn't a specific formula or alimony payment calculator you can enter information into to produce an approximate amount.
When a change in financial circumstances occurs, it is possible to file an application for reduction of alimony.
When barriers exist that prevent one person from supporting him or herself and maintaining the same lifestyle they had during the marriage, alimony may be ordered to make up the difference.
When deciding whether to grant alimony, judges consider the alimony requirements in their area as well as both spouses' present and future earning abilities, length of marriage, health, age and overall conduct.
When one spouse is seeking alimony payments from the other, the question of whether spousal support should be paid and how much is decided by a judge.
When the judge needs to calculate the rate of alimony payments, he or she considers the length of the marriage, as well as how likely it is that the spouse receiving the payments will be able to become self-supporting.
Whether alimony is ordered and for how long depends on each couple's individual situation.
While there are no written alimony guidelines that Courts use, many judges go by specific criteria to aid in the decision of ordering alimony and the amount of it.
Will you have to pay alimony or child support?
Women aren't always the recipients of spousal support; men can also receive alimony payments.