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5 Facts You Should Know about Alimony

The legal professionals at the Law Offices of Steven C. Benke know that divorce can a challenging and tricky process. Steven C. Benke is a Board-Certified Family Law Attorney and has been providing legal services to the people of San Antonio for more than 15 years. He and his legal staff have served more than 5,000 families with legal assistance ranging from child custody and divorce to adoption and property division. The staff at the Law Offices of Steven C. Benke realize that child custody and divorce are serious, personal issues, which have very real emotional as well as legal ramifications.

Learn 5 facts that you should know about alimony so that you’re prepared for the realities of divorce.

How Alimony Is Determined

Alimony considers the discrepancy between the two earners, as well as the lifestyle of the couple. The court will consider the potential earnings of each spouse, which may not be reflected by current income. Other factors, such as what’s needed for the supported spouse to become self-sufficient and the duration of the marriage, will be important variables as well.

How Alimony Is Paid

As a rule, alimony is paid by money order, check, or cash. The person making payments will probably want to keep track of them in case of any future disputes, so using a check exclusively is certainly not a bad practice.

How Long Alimony Is Paid

There are a number of occasions when alimony payments may cease. The judge might set an ending date several years in the future. The former spouse could get remarried. Children may no longer need a full-time parent at home. The judge may determine that after a certain period the former spouse has not made sufficient efforts to become at least partially self-sufficient. If either person dies, alimony payments will obviously cease.

How Alimony Impacts Taxes

Unlike child support, the recipient of alimony must report alimony payments as income. This means that you will need to set aside additional holdings to pay the necessary taxes. The person paying alimony can take off the alimony payments on taxes. This could result in a large return at the end of the year, unless you make the appropriate adjustments.

How To Address Nonpayment Of Alimony

An order to pay alimony is just as binding as any other court order. If you aren’t receiving alimony payments as required, you should report it immediately. The court will address it as quickly as possible. Refusal to pay may result in a contempt proceeding or an earnings assignment order.

You should take any alimony agreement seriously, whether you’re paying or receiving. If you don’t understand the full scope of your obligations or how things have been ordered, be sure to speak with your attorney.

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