Not exact matches
IRS
considers child support to be paid first, followed by
alimony, if more than one type of
payment has been awarded.
Note that after 2018, that will no longer be the case as
alimony payments will no longer be
considered taxable income to the recipient as a result of the Tax Cuts and Jobs Act of 2017.
Proof of consistent
alimony or child support
payments, which may include divorce or separation documents, court records, canceled checks, etc. (You do not have to include information about income from
alimony, child support or separate maintenance
payments unless you want to
consider this as income for your application.)
Keep in mind, though, that the IRS won't
consider the
payments to be true
alimony unless they are made in cash and spelled out in the divorce agreement.
A creditor may
consider whether income is steady and reliable, so be prepared to show that you can count on uninterrupted income — particularly if the source is
alimony payments or part - time wages.
Child support,
alimony and / or government support
payments will be
considered only if voluntarily disclosed by the applicant.
In fact, a court can, and should,
consider thirteen statutory factors when ordering
alimony payments.
Under the new Act,
alimony payments will not be tax deductible for the payor spouse, and
alimony will no longer be
considered gross income for the recipient in divorces and legal separations that are executed on or after January 1, 2019.
Whether that means working to finalize a divorce or separation by the end of 2018 or
considering the impacts of
alimony payments on both parties in 2019 and beyond, family law professionals must keep these new provisions in mind.
You should be aware that there are a number of
payments that are NOT
considered alimony.
For starters, if you are the supporting spouse and you have lots of debt
payments, these would be
considered when determining how much money you would have to pay in
alimony.
Consider, for example, the instance of classifying
payments as
alimony vs. child support.
In some cases, such as when a spouse is
considered unreliable, a court might order lump - sum
alimony, which is a one - time
payment.
The most common mistakes attorneys and clients make during a divorce include not
considering the tax consequences of a settlement, allowing family and friends to interfere with decisions, allowing emotions to dictate decisions, forgetting you may need cash after the divorce, not securing divorce
payments with insurance, trying to hide facts or assets, quitting a job to get more child support or
alimony, failing to prepare for settlement negotiations or mediation, dating during a divorce, putting the children in the middle of the divorce, getting emotionally attached to an assets, and neglecting post-divorce financial planning.
Cohabitation, when the party receiving
alimony moves in with his or her significant other, will not automatically end
alimony payments, but will be
considered by a judge if the proper paperwork to terminate
alimony is filed.
Support
payments,
alimony or similar obligations in place prior to the second divorce / support proceeding are
considered in modifications.
In North Carolina either party may petition for
alimony, but the court shall exercise its discretion in determining the amount, duration, and the manner of
payment, and shall
consider all relevant factors, including the marital misconduct of either of the spouses.
The court can
consider such factors as any significant income available to the child, any unreimbursed extraordinary medical costs of the paying parent, consumer debts, educational expenses for children and spouses, and
alimony payments.
If the payee (person receiving child support) is also receiving
alimony from the other parent or is receiving
alimony from a previous relationship the
alimony payment is
considered income to them.