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How To Sue For Alimony

How Do I Get Alimony Or Spousal Support In Texas

Suing for a Child Support Refund

Does Texas Have Contractual Alimony or Spousal Maintenance? Yes!

In Texas spousal support is additional money, not part of a division of marital property or child support, that one spouse pays to the other temporarily from future income to support the ex-spouse after the divorce. If this money is also paid before the divorce is finalized, it is called temporary spousal support. Spousal support or alimony can be an important source of funds for a parent to pay a mortgage to keep children in the marital home after divorce and to create a qualified stream of income to qualify for a car or home loan. Alimony can enable a former spouse to pay for education or training to return to the work place or to advance his/her skills to become financially self-sufficient and to contribute to children’s needs.

Spouses frequently blame themselves or each other for “creating” or “allowing” the circumstances that now necessitate spousal supoort. Spouses need to remember the actions they took in the past were decisions they made together in their family’s best interests based on the information each of them had at the time. There was no crystal ball that could have foretold divorce, and if there had been, they probably would have made different choices. Ease up on each other. Move forward to understand what options and benefits there are under Federal tax laws and Texas law for spousal support.

What Are Court Ordered Spousal Maintenance and Contractual Alimony in Texas?

How Does Palimony Work In Florida

Palimony is a coined term that is used to describe continued support given by one person to another after a non-marital supportive relationship has ended. In the state of Florida, palimony doesnot exist therefore you cannot sue for support after a non-marital relationship has ended in the family courts. Givens Law Group has received numerous questions regarding this in the past and our Tampa alimony lawyers explain the types of alimony that Florida does recognize.

Alimony Law In Tennessee Divorce

Tennessee divorce laws on alimony answers to frequently asked questions: types of alimony, alimony in futuro definition , in solido , transitional, rehabilitative, alimony calculator, and temporary alimony. Each type of alimony has a defined purpose and requirements regarding how much to pay, length of term to pay, modification, and termination.

What is alimony in Tennessee divorce laws?

Alimony is the legal obligation to support a spouse. Many states refer to this as spousal support or spousal maintenance. Tennessee refers to this legal obligation as alimony. If the length of marriage is longer, say 25 years or more, then the obligation will be determined based on the long-term support needs of the supported spouse. If the marriage is shorter, say under 10 years, then the reason for alimony is more likely to be one of helping the supported spouse become self-supporting.

In addition to the monthly amount and length of term of payments, the type of alimony is very important. There are four types of alimony in Tennessee: alimony in futuro , transitional alimony, rehabilitative alimony, and alimony in solido . The type of alimony dictates whether the award may be modified after the divorce and under what circumstances the alimony obligation terminates.

Tennessee divorce laws on alimony.

When is alimony paid in a divorce?

Who has a claim to receive post separation support and alimony?

How many years do you have to be married to get alimony in Tennessee?

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Quick Look: Alimony Recapture Rule

Alimony can be settled out of court in the form of a . The payor of alimony needs to be aware of the alimony recapture rule. The alimony recapture rule only applies to the payor when alimony payments decrease substantially or end during the first three calendar years. This rule is intended to prevent payors whose divorces occur near the end of the year from making deductible property settlements at the beginning of the year. Will you owe alimony recapture? Let our Alimony Recapture Calculator determine if this rule applies to your proposed alimony payments.

How Will I Receive Spousal Maintenance Payments Once They Are Ordered By The Court

How to Sue for Child Support in California

If spousal maintenance is awarded, the court will usually enter an order directing the other spouses employer to withhold a certain amount and remit it to the spouse awarded maintenance.

You can enforce a spousal maintenance order in several ways:

  • filing a motion to enforce
  • asking the court to reduce the amount owed to a money judgment or
  • getting a qualified domestic relations order, commonly known as a QDRO .

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Is Alimony Limited To Cash Payments

An award of alimony may include, in addition to a sum of money in lump sum and/or periodic payments, transfer of title or possession of personal property and an interest in property, a security interest in or possession of real property. Both periodic and lump sum payments may be for a limited, specified term.

Can I Get Alimony For How Many Years Would I Get The Payments

Your spouse can be ordered to pay you alimony if the judge finds that you were financially dependent on your spouse during the marriage . You can prove you were dependent if all of the following apply:

  • you relied on your spouse for financial support
  • you dont have sufficient property, including marital property, to provide for your needs and
  • you are unable to support yourself through work or you cannot work due to caring for a child whose condition makes it inappropriate for you to work.1

Even if you can prove you are the dependent party, there are still many factors a judge will consider when deciding if you will get alimony and how much you will get. See What factors will a judge consider when deciding whether or not I get alimony? for more information.

Alimony payments can be ordered to start while the divorce is still pending in court, which is known as interim or temporary alimony,2 and for a period of time after the divorce is finalized. The court will determine how long you or the other party will receive alimony. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.3 For example, if you were married for 10 years, you could only collect alimony for up to five years.

1 13 Del.C. § 1512, 2 13 Del.C. § 1512

Also Check: Is Florida An Alimony State

The Types Of Alimony Allowed

The types of support that are allowed by the family law courts in the state of Florida are based upon a legally recognized marriage. You can expect to see the following types of post-relationship financial support:

  • Temporary Alimony This is support that is awarded on a temporary basis until a more permanent agreement can be reached between the two parties.
  • Permanent Alimony Awarded in long-term marriages, this is financial support that one spouse must pay to the other indefinitely. This type of alimony can be modified or terminated if the spouse receivingalimony enters into a supportive relationship with another person. This is also called permanent periodic alimony.”
  • Rehabilitative Alimony If the disadvantaged spouse needs to take steps to improve his or her income, the court can award this type of alimony to be paid until that spouse is able to support himself or herself successfully.
  • Lump Sum Alimony Permanent alimony can sometimes be awarded in a one-time lump sum. This term can also refer to thedivision of property, although this is not technically alimony.
  • Transitional Alimony If a spouse doesnt qualify for any other type of alimony but simply needs a one-time payment to help transition to single life, this type of alimony might be awarded.

Palimony is not recognized in the state of Florida. A couple living together in Florida cannot qualify for common-law marriage.

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If you are the spouse requesting the support, the question of whether you qualify for alimony is usually determined by taking into account your own income or ability to earn if you are not currently employed. However, this is not necessarily what you are earning at the time you go to court, but it represents your earning potential.

For instance, if one spouse is trained as a medical doctor but took several years off to care for children and support the other spouseâs career, a judge will examine that spouseâs future earning potential. The spouse may need initial support to reenter the workforce, but not a long-term alimony award.

Following a divorce, you may also be required to make some changes in your life and work. For instance, if you have a part-time job that does not pay well, you may be required to attempt to find full-time employment in a higher-paying field. Courts can hire reporters to ensure that there is a good faith employment search and what the earning capacity of that spouse would be in the workforce.

Read Also: Do You Pay Taxes On Alimony

Gather Evidence That Your Former Partner Doesnt Need Alimony

While this is not always the case, sometimes people are not truthful through the course of a struggling marriage or during divorce proceedings.

If you find that your partner has been stashing money in a secret savings account or has earned money in investments without you knowing, you may be able to prove that he or she has sufficient assets to not need alimony.

Since typical alimony payments and divorce alimony rules will vary from state to state and will depend upon your circumstances.

It is always best to consult with an alimony attorney if you have specific questions about the best states for alimony or if you are looking for answers to questions like, How do I avoid alimony?

Related Reading: How Can I Get Out Of Paying Alimony?

Expert Tactics To Avoid Paying Alimony

Alimony can cause you serious financial strain. Being newly single and having only one income means youve already had to make big changes to your monthly budget and lifestyle. Some individuals may do something sneaky, like devise clever plans to get around the strain that alimony causes on their finances.

However, tempting as this may be, it is important you approach the matter with care, concern, and ethics. This way, you can avoid any legal ramifications that may result from attempting to avoid your soon-to-be ex-spouse.

The question is, how can you legally avoid handing over loads of money to your ex each and every month?

Following are nine tactics you can use to keep more of the money you earn and avoid paying alimony.

Also Check: New York State Council On Divorce Mediation

How The Amount Of Alimony Is Determined

Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support. If it is ordered, the family law judge also decides how much and for how long.

The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are based, recommends that courts consider the following factors when arriving at a :

  • The age, physical condition, emotional state, and financial condition of the former spouses
  • The length of time the recipient would need for education or training to become self-sufficient
  • The couple’s standard of living during the marriage
  • The length of the marriage
  • The ability of the payer spouse to support the recipient and still support himself or herself

Strategy : Avoid Paying It In The First Place

Letter of support for Sue

The best way to get out of making alimony payments is to avoid the need to make them in the first place. Many couples that seek to marry opt to protect themselves by drafting up a prenuptial agreement before the marriage is made legal.

This document includes full disclosure of each individuals income. It includes the assets that each spouse will bring to the union. In this manner, the document lays out exactly which marital property belongs to whom. This special document should be prepared by your attorney then approved by a judge before your marriage.

If you did not think to do this prior to getting married, do not worry. You can create a similar document even after the wedding is over. A postnuptial agreement contains most of the same info you get in a prenuptial agreement, but is completed and made final after the marriage is finalized.

If divorce is already in your future, these two options will be of no use to you. You can instead consider creative ways to keep your spouse satisfied without the need to make alimony payments. When negotiations take place, consider offering them a larger share of marital assets, larger chunk of retirement accounts, or even the marital home.

In marital property division, one party agrees on giving up a portion of whatever assets they are entitled to over to their spouse in lieu of paying alimony. If you choose to take this route, consider a few things before any decisions are made.

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Alimony Is Subject To Taxation

A very important aspect about alimony that is not always apparent, all alimony is considered to be taxable income.

Therefore, the person receiving alimony payments will have to report them on a tax return. Conversely, those making alimony payments can deduct alimony from taxable income on tax returns.

How Are Alimony Amounts Calculated

In New Jersey, there is no set formula or equation that is used to determine the amount of alimony you may receive. Rather, the law provides a number of factors that the courts must consider when deciding if you should receive support. The law is complex with regard to these factors, so you should seek the advice of an attorney if alimony is an issue for you. Some of the factors that the courts consider are the need for support and the ability of the other person to pay it, the length of the marriage, the financial standard of living during your marriage, the parties job skills and earning ability as well as level of education, responsibilities for the children and the history of contributions you made to your marriage This law can be difficult to navigate, so consider consulting with an experienced attorney.

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Can The Riverside Family Court Modify A Permanent Spousal Support Order

In most circumstances the answer is yes. So long as the court has the power to order spousal support and the current spousal support order is not non-modifiable, the court may enter a modification. However, there must be proven some change of circumstance warranting modification, such as a change of employment for either spouse, material change in the income of either party, loss of health insurance, or other similar types of changed circumstances. If parties agree that an award of alimony is non-modifiable, case law specifically prohibits the court from modifying the amount under any circumstance. Only the parties can agree to modify the amount.

What To Do When Your Spouse Fails To Pay Court

Suing for Back Child Support

If you’re not receiving court-ordered alimony payments, you should try to find out why. Did your spouse involuntarily lose a job or experience a reduction in income because of illness or injury? If you believe your spouse is truly incapable of making alimony payments, you may consider working out an agreement between the two of you which reduces or suspends alimony until your spouse gets back to work. Make sure, however, your spouse knows you’re prepared to go to court if the payments don’t start again. You should also consider hiring an attorney to draft the agreement and ensure your rights are fully protected.

If, on the other hand, your spouse is simply trying to avoid the obligation to pay alimony or refuses to pay despite your agreement, you’ll have to head back to court for help. You’ll need to file a motion with the court, and ask a judge to order your spouse to make the overdue payments and keep up with future payments. This is sometimes called a motion for enforcement or contempt.

If you do end up in court, you should definitely consult with an experienced family law attorney, who can draft persuasive legal motions and represent your interests in court.

Read Also: Is Alimony Taxable In Florida

What Is The Formula For Spousal Support

California state law provides a basic formula for calculating spousal support based on the incomes of the divorcing spouses. The formula is 40% of the higher-earning spouses income reduced by half of the income of the spouse who earns less. For example, if one spouse earns $10,000 per month, and the other spouse earns $3,000 per month, 40% of the income from the spouse who earns $10,000 would be $4,000. Reduced by half of the income of the spouse who earns only $3,000, or $1,500, the spousal support obligation would be $2,500 per month.

This is a general formula that may not apply to every case. If the alimony determination is left up to an Orange County family court judge, the judge may consider other factors, such as how long the marriage lasted and the medical needs of the divorcing spouses. Many couples in California and throughout the US prefer to use alternative dispute resolution for divorce instead of litigation, and they could potentially reach a more personalized agreement.

Georgia Annotated Statutes: 19

The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:

The standard of living established during the marriage

The duration of the marriage

The age and the physical and emotional condition of both parties

The financial resources of each party

Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment

The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party

The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties and

Such other relevant factors as the court deems equitable and proper.

All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.

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