Sentences with phrase «spousal support payments»

With a real need and the ability to pay, then spousal support payments make sense.
At Elkouri Heath PLC, our skilled family lawyers assist divorced spouses in seeking or contesting modifications to child support orders, child custody arrangements, parenting time schedules, spousal support payments.
Failing to structure spousal support payments appropriately can lead to surprising tax and legal ramifications years after you thought your divorce was put to bed.
There are very specific tax laws and state laws that apply to spousal support payments.
For example, the spouse could ask the court to order the military member to pay spousal support or to increase the size of the spousal support payments.
The Internal Revenue Code provides that all spousal support payments are tax deductible by the paying spouse and taxable to the recipient spouse as «ordinary income.»
Spousal support payments do not end based upon the cohabitation of the recipient spouse.
The Family Responsibility Office (FRO) is an institution that facilitates and enforces the child and spousal support payments from the payor to recipient.
Section 7 expenses, the matrimonial home, self - represented litigants and spousal support payments were among the topics discussed by Greater Toronto - area family lawyer Andrew Feldstein on a recent edition of The Night Side, Newstalk 1010's weekday evening program hosted by Barb DiGiulio.
A domestic violence injunction may include a no - contact order, require child or spousal support payments, order the unstable spouse to participate in drug or alcohol testing, and allow the abused spouse to remain in the family home during a pending divorce case.
A legal separation agreement should include all significant issues that would generally be included in a divorce decree, including detailed child custody and visitation schedules and exact amounts of child and spousal support payments, which generally must be calculated using state - specific formulas.
Your petition must also include the specific relief you are requesting, such as your child custody arrangements and spousal support payments.
This includes, but is not limited to, child custody arrangements, child and spousal support payments, allocation of assets, and debt payment obligations.
If the court believes this is happening, it will base the individual's spousal support payments on what that individual could potentially earn, rather than what they actually earn.
If you're going through a divorce and face the possibility of either paying spousal support or receiving spousal support payments, don't hesitate to contact our divorce lawyers in Buffalo NY with any questions.
The woman claimed that the man was fully capable of earning income that would make him self - sufficient, and that her temporary spousal support payments should cease immediately or at least be gradually reduced to zero over the course of the coming months.
On Wednesday we have a Video Clip about the Top 4 Points About Enforcing Child and Spousal Support Payments.
[45] My conclusion that spousal support ought not be terminated in the context of this case is consistent with existing case law which supports the obligation to continue spousal support payments at a reduced amount, notwithstanding the payor's desire to retire, or the payor's difficulties in finding work: see Boston v. Boston, 2001 SCC 43; Lochhead v. Lochhead, 2014 BCSC 962; Young v. Young, 2011 BCSC 887; Chalmers v. Chalmers, 2009 BCSC 517.
Spousal support payments are made during the marriage, while spousal maintenance payments are made following the divorce.
Counsel for the Respondent answered that the parties had agreed to reduce spousal support payments in 2001.
In late 2000 or early 2001, the parties discussed the ongoing spousal support payments.
Has your former spouse fallen behind on alimony or spousal support payments?
These spousal support payments are usually calculated based on the difference between the couple's net incomes.
MySupportCalculator.ca (program that can help you calculate your monthly child and spousal support payments)
The respondent wife brought a motion asking the ONCA not to hear the appellant husband's appeal until he complied with the trial judge's order regarding the payment of spousal support and the posting of security for future spousal support payments.
However, I also observe that following the adjournment of his application of August 30, 2016, the respondent lost no time in unilaterally terminating his spousal support payments.
She moved to Victoria and she claimed to be on disability benefits and claimed to be in a bit more dire restraints and saw the continuation of spousal support payments from her ex who still lived back on the prairies.
We will help you fight for spousal support payments that are reasonable and fair and allow you to plan for your future.
In these cases, divorce lawyers are very important as the spousal support payments will be large and long.
If you can not wait for court proceedings to finish to obtain spousal support payments, then you can seek an interim order for the payment of spousal support.
Courts will reduce spousal support payments where the financial burden on the paying parent is overwhelming.
With respect to (7), the ONCA concluded that the trial judge was right to discount the retroactive lump sum payment of spousal support by 35 % to take into account the fact that the payment would not be tax deductible to the husband, in contrast to periodic spousal support payments.
Additionally, when making spousal support payments, it is advisable to obtain a record of the transaction to ensure that you are credited for making a payment.
The most common scenarios are loan or debt collections and spousal support payments.
These scams involve debt collections, business loans, IP licensing disputes or spousal support payments.
As a result, Mr. Sawchuk's spousal support payments did not increase despite his higher income after the separation.
[The FRO] collects, distributes and enforces child and spousal support payments.
Courts look at the needs and financial responsibilities of both spouses to determine who gets spousal support payments, and how much they will be.
When a payor spouse would have trouble making both spousal support and child support payments, spousal support payments may have to give.
Spousal support payments are usually a tax deduction to the paying spouse, while the receiving spouse must pay taxes on the payments.
Such arrangements can have negative tax consequences, as the CRA will likely not interpret these arrangements as meeting their definition of tax - deductible spousal support payments, even if the separating parties agree to treat them as such.
Spousal support payments may be made from a husband to a wife following the divorce, or from a wife to a husband.
There is often a temptation to agree that the payor spouse pay some expenses in lieu of making actual spousal support payments to the recipient.
Or, take s. 56.1 (2) of the federal Income Tax Act which provides direction on the correct calculation of the amount of spousal support payments to be deducted from or added to one's taxable income:
A prenuptial or postnuptial agreement may stipulate spousal support payments in the event of divorce.
Again, the parents paying alimony will have their income reduced by the amount of those spousal support payments.
The court may award alimony, or spousal support payments, to one spouse.
The written law setting out a three - year time period to bring an action to enforce spousal support payments is found at A.R.S. § 25 - 553A: The person to whom the spousal maintenance obligation is owed may file a request for judgment for spousal maintenance arrearages not later than three years after the date the spousal maintenance order terminates.
If your salary at your new job is substantially lower that your old job, the court may be willing to make a permanent modification that will reduce your child and spousal support payments.
Given that it has enforcement agreements with every Canadian province and territory, with every state in the United States of America, and with 31 countries, the FRO can enforce child and spousal support payments even in situations where one party lives outside Ontario.
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