|
www.LawNY.org What is spousal support? Spousal support is court ordered money paid to support a spouse or former spouse. The amount of support is based on the lifestyle the couple had while they were married. Spousal support used to be called alimony.
Where are spousal support orders given? Spousal support orders are usually given in Family Court, although they can be given as part of a divorce in Supreme Court. How is the amount of spousal support determined? The amount of support is based on the lifestyle the couple had while they were married, the ability to pay support, and the reasonable needs of the person who would be receiving support.
Once a support order has been given, can it be changed? A support order can be changed if there is a significant change in circumstances. The person asking for a change must file a modification petition explaining the change in circumstances.
Are there any time limits on how long support payments can last? The judge can limit how long one must pay spousal support. The court may consider how long it will take for the person receiving support to become self-supporting when deciding whether to limit support.
Can spousal support payments be taxed? Yes. Unlike child support, spousal support payments are taxable income to the person who receives support. They are deductible from taxable income by the person who pays support. If child support and spousal support are not given separately, then the whole amount is considered spousal support for tax purposes. Look carefully at exemptions and deductions, however, because it is still possible to not have to pay taxes on some spousal support.
* * * * * Legal Assistance of Western New York, Inc. This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
|
