How Do I Collect Alimony? | Alimony FAQs

By | December 18, 2017

Alimony i.e. Spousal Support i.e. Spousal Maintenance

Q. How do I collect alimony?

A. Not all former spouses receive alimony payments, which are alsoreferred to as spousal maintenance or child support payments. Alimony payments are only granted if a spouse can not be self-sufficient without the financial support of a spouse who can pay for it.


Q. Can men collect alimony?

A. Divorce lawyers all over the country are seeing an increase in the number of men suing ex wives for spousal support. The updated numbers are difficult or impossible to obtain. According to the census records of 2010, of the 400,000 spouses of support assistance, only 3 in 10 were men.


Q. Can alimony be avoided with a prenup?

A. You can use a prenuptial agreement to establish your own rules for sharing real estate and avoid possible disagreements in case of divorce. In most states, you can also make arrangements about whether one or both are eligible to receive assistance. However, some states prohibit or restrict child support contracts.


Q. How long must I be married to receive spousal support?

A. Courts are more willing to provide transitional child support or rehabilitation for short-term marriages of less than seven years, while they are unlikely to be eligible for alimony if the marriage did not last for at least seven years.


Q. Can spousal support be changed or modified?

A. If a spouse remarries and the new spouse is richer than their previous spouse, increasing family income may justify a change in support. On the contrary, the areas of real estate are not modifiable. Therefore, despite changing circumstances, these assets are not transferable to the needy spouse.


Q. Can I fight an order for alimony?

A. Not all divorces must include alimony. Maintenance payments are generally only granted if the spouse can not make a living now or in the future. If the other spouse can compensate the deficit, alimonycan be granted. … It is possible to fight spousal support in court, but it takes a lot of effort.


Q. If I don’t pay alimony, could I end up in jail?

A. In theory, you could face jail time along with multiple fines. In this scenario, you would create a record of contempt cases. If you happen to lose a contempt case then the court must be paid for it’s time. The judge then has the right to issue a bench warrant for your apprehension.


Q. How is alimony calculated?

A. If you take 30% of the higher earning spouse’s income, subtract 20% the recipient’s income the difference is an estimate of payments. This figure is capped at 40% of the combined incomes.


Q. Can I write off the alimony payments on my taxes?

A. As the recipient, you must report alimony as taxable income.
If you’re the spouse paying the alimony then it may be used as a deduction unless and previous agreements were made.


Q. Can my Social Security disability be garnished if I owe Spousal Support?

A. If the court ordered you to pay alimony and your expecting a disability claim then your SSDI payments could very well be garnished. This does not apply to SSI benefits, however.


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