Divorce Alimony Payments
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When one spouse makes financial support payments to the ex spouse post divorce, these are called as alimony payments. Most of the states in the US do not have a fixed formula to calculate the amount of these payments. The judge uses his own discretion to finalize the amount and duration of alimony. As an example, let us consider that a judge has ordered alimony till a spouse completes a college degree or till the minor child enters school permitting the parent to work.
It is widely believed that men have to pay alimony payments. However, in some cases, women disburse these payments to the ex husbands. The ideal situation in this topic is when the couple seeking divorce agrees with one another regarding the terms of these payments without the judge's ruling.
Highlights of Divorce Alimony Payments
- The financial capacity of the spouse to disburse alimony payments is considered. For this, the judge takes into account the income, assets, debts and future earning potential of the prospective payer
- The reason why the marriage has been terminated may be important in some states. If the spouses are guilty of infidelity or other offenses, several states do not grant alimony
- If minor children are involved in the divorce, the alimony payments get a different angle. Let us assume that one parent is solely responsible for the upbringing of the children and has to compulsorily stay at home. The judge may award temporary alimony to this parent on the following condition. When the child enters school, the parent can re-enter the workforce and hence the alimony payments are terminated at this juncture
- It is decided who was the main breadwinner in the marital life. Let us consider that one spouse earned a considerably larger income than the other. In such a situation, the judge may assist the less earning spouse by awarding alimony to him/her. Generally, this is termed as rehabilitative alimony. It exists till the less earning spouse becomes self dependent
- The duration of marital life has an impact on the alimony payment. Usually, more the marital life more is the alimony payment. In Texas, a spouse can be eligible for alimony only when the marital life is of minimum 10 years
Tips to decrease Divorce Alimony Payments
- Let us assume that the payer of alimony becomes responsible for another child or his/her salary faces a decrement or in some manner he/she is financially burdened. In such circumstances, the court may issue orders of lesser alimony payments
- If the payer has more civil relations with the recipient, this ex spouse may take a lenient approach regarding the amount of alimony
- When the child becomes an adult and it is time to cease the alimony payments, the payer must be careful regarding one issue. Some cases have occurred in the past in which the government has retroactively categorized past payments as child support. If this is the case, then the payer becomes responsible for unpaid taxes
- The payer must encourage and assist the recipient to get a better paying job. If the court finds that the recipient is getting more earning than that which existed during the initial judgment, there is some possibility that the court would reduce or cease alimony payments