-Filing a divorce exceeds signing at the bottom of the divorce page. In the United States of America and most states, there is a cascade of facts one must know.
A Must Know Fact: Alimony
One vital fact to know, among others, is Alimony (popularly called ‘spousal maintenance or support’.
Alimony is a support fund paid to a spouse known for receiving less income than the alimony payer.
You Can Pay or Receive Alimony
Paying alimony should not be considered as a loss. Rather, it should be taken as an unplanned payment one needs to make after a divorce.
Receiving on the other end should not be taken as extortion on the paying spouse. It should be seen as compensation for the year spent.
Alimony Is Tax Related
For the paying spouse, alimony can be deducted from the tax. While for the receiving spouse, it constitutes taxable income.
However, in order to prevent any future unforeseen circumstances, it is important to keep records.
This is because many cases of indifference in the amount paid or received have been reported.
What to Keep If You Are Paying
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You should ensure to have the following records in case you are paying alimony
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List of all payment showing the date, check number and address of the receiver
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The original copies of the checks used for payment (you should note the month of payment on each of them)
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For cash payments, payment receipts duly signed by the receiver.
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What to Keep If You Are Receiving
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For every payment received, ensure to note down the following details
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The date of receiving payment
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The amount
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The check number or any other identification details
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The paying account number
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The bank name
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A photocopy of the check
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For cash payment, a copy of any signed receipt.
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What to Do If Your Spouse Refuse To Pay You
Your spouse may decide to disobey the court order by not paying. The truth, however, is that he or she will face serious sanctions like hefty fine and a jail term, etc.
If you notice that the payment is not forthcoming, you should endeavor to take legal action to enforce using the “contempt” proceeding or an “earnings assignment order.”
Paying or receiving alimony requires several legal steps which can sometimes be cumbersome.
To make it easier, you may get a marital separation agreement form for free on this website and download documents for legal separation in NY , Texas or any other US state now.