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Helton Law Firm, PLLC

alimony Archives

Proposed law change could alter alimony payments

It is possible that Tennessee residents could be paying taxes on the alimony paid to their former spouses. Under the current version of the Tax Cuts and Jobs Act, the tax deduction given to those who make alimony payments would be eliminated. As those who pay alimony generally pay a higher tax rate, it could mean lower payments each month. In most cases, any request or order to pay alimony takes the impact of taxes into account.

The tax implications of child support and alimony

When a Tennessee resident gets a divorce, he or she may make both child support and alimony payments. An individual who is making payments to a former spouse may benefit from having as much of a given payment as possible classified as alimony. This is because it may qualify for a tax deduction. The recipient of an alimony payment would need to record it as income on a tax return.

Understanding the tax ramifications of alimony

Unfortunately, many Tennessee divorcees misunderstand the tax consequences of alimony payments versus child support payments. Child support is neither taxable income to the recipient nor a taxable deduction for the payor. However, alimony or maintenance is an income tax deduction for the paying party and considered taxable income for the receiving party.

Ensuring that alimony payments are tax-deductible

After a Tennessee couples divorces, one person may owe spousal support to the other. The person who receives spousal support generally must pay taxes on it, and the person who pays support can usually take a tax deduction on the payment. However, one man who tried to claim an alimony deduction on a payment that was not included as part of his and his ex-wife's divorce agreement found that this was not possible.

I-864 Affidavit of Support overrides prenup in divorce case

A prenuptial agreement can generally guide the terms of a divorce in Tennessee; however, every case is unique. When other contracts potentially interfere, as was the case with the immigrant ex-wife of a wealthy real estate agent, the courts could take over decisions about spousal support.

Setback for Morena Baccarin in divorce case

Some Tennessee television fans may have been following the divorce of actress Morena Baccarin. Her husband, Austin Chick, filed for divorce in July 2015. Initially the two planned to remain in New York with shared custody of their 2-year-old son, but on learning that his estranged wife was dating her co-star from the TV show "Gotham," Chick moved to California. Baccarin is pregnant with the child of her co-star.

Alimony a possibility in many divorces

Although each divorce in Tennessee will have different specific terms depending on individual situations, legal requirements dictate the general framework of most divorce agreements. Alimony, or spousal support, could be a factor in some divorces when income or the ability to earn income is largely unequal between the splitting partners.

Examining Tennessee's alimony laws - IV

Over the last three months, our blog has been attempting to provide further insight into the process by which alimony is awarded here in Tennessee. To that end, we've started discussing the four types of alimony that may be awarded by the courts to divorcing spouses, including alimony in futuro and alimony in solido.

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