Understanding Spousal Support After Divorce
Spousal support may be terminated when a former spouse becomes self-supporting or remarries. While spousal support generally continues until the recipient remarries or when the recipient ceases to live at home, it can be terminated if there is a change in the payor’s circumstances. Generally, the payor must first prove he has suffered a financial hardship or has been unfairly treated by the former spouse.
Depending on the circumstances of the divorce, spousal support payments can drastically affect a spouse’s finances. Understanding the benefits and drawbacks of spousal support in advance will allow you to make smart decisions about your finances after the divorce. Knowing what to expect financially from spousal support will allow you to develop a budget and find suitable housing. Moreover, estimating spousal support payments allows you to prepare for any unexpected expenses that may arise.
There are many factors that a judge will consider in deciding spousal support. In general, he will look at the number of children the couple has, the length of the marriage, the level of the parties’ income and standard of living, and the ages and health of each spouse. In addition, he will consider if either party is able to provide financial support for the children, and whether the other party can adequately support the children.
Spousal support is often awarded after a divorce if the parties cannot agree to a settlement. The amount can range anywhere from a few thousand dollars to several thousands of dollars per month. The amount of spousal support ordered will depend on the circumstances of the couple and the amount of income the former spouse earned while the marriage was in place. A maintenance order can be issued for up to two or three years. Regardless of its duration, spousal support is meant to help the former spouse achieve his or her dreams after the divorce.
When determining the amount of spousal support awarded, remember that payments are considered taxable income to the payer and deductible to the recipient. This is unlike child support, which is taxable to both the payor and the recipient. It is only taxable if the recipient receives income that exceeds the limit set by the IRS. While there is no federal tax code for spousal support, states may have different rules on taxing spousal support.
In California, spousal support can be awarded if a couple cannot agree on it during the divorce process. If this is the case, they can ask the court to decide the matter. After hearing both sides can present evidence and ask the judge to issue an order. The judge will determine the amount of spousal support the former spouse is entitled to. The judge will issue an order based on all of these factors.
Another important factor to consider when determining spousal support is the payor’s ability to pay. If the paying spouse has a high-paying job, this income will likely be disregarded when determining the amount of spousal support to be paid. However, in many cases, spousal support may be disallowed if the paying spouse has money in savings accounts. In such a case, it is best for the payor to prove his income-producing capacity.
The duration of a marriage can also be a major factor in determining spousal support. Some states prohibit spousal support awards unless a couple has been married for a specific period of time. Furthermore, in some cases, the duration of the marriage is a deciding factor. If the payer spouse is not able to support his or her former spouse, he or she may be unable to get spousal support in the first place.
In some cases, spousal support payments are deducted from a person’s paycheck, called “income withholding.” This method of collecting support payments is known as wage garnishment. Spousal support orders are accompanied by an earnings assignment order, which instructs an employer to deduct support payments from the pay of the paying spouse. A child support order is a similar arrangement. Child support is deducted first and then the other spouse’s support payments are subtracted from their pay.
In Wyoming, spousal support may be paid in lump sums or on a monthly basis. A court will look at the circumstances of both partners to decide on the amount of spousal support that should be granted. While most cases involve a lump sum payment, the court may award rehabilitative alimony for a specific period of time. In this case, the paying spouse may use the money to pay for education or job training.