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Frequently Asked Questions

How do I determine entitlements to child support and spousal support?

Dubas & Company, BC law firm, family law, business law, chil...
In both the case of married and un-married relationships, parties can apply to court for the other party to pay them child support for the benefit of their children. Children can include not just a persons biological children, but children who are the other party's children from a prior relationship.

How does the Court determine alimony [spousal support] and child support?

Frequently Asked Questions
If the parties cannot agree, the Court will utilize the Virginia Support Guidelines for child support and the applicable County guidelines for alimony [spousal support]. However there could be a substantial variation based on "other factors" the Court may be asked to consider by either party.

Under what circumstances will the court award alimony and/or spousal support?

Northern Kentucky Divorce/Dissolution Information and Freque...
The obligation of spouses to support each other does not necessarily terminate when they divorce. If the divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse's support, the court will usually award alimony, at least temporarily. Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case.

Will a name change affect my alimony, child support, social security, or other entitlements?

No. You will still be entitled to those privileges and benefits established under your former name. You must, however, properly inform the necessary agencies of the name change in order to avoid interruptions in entitlements.

Are child support and spousal support tax-deductible?

FAQ, Art Lieberman PhD, NJ Divorce Mediation in NJ
Child support is not tax-deductible. You would be supporting your child whether you were divorced or not. When filling out tax forms, the payer does not deduct it from income, and the receiver does not add it to income. With spousal support, you have an option. The payer can take the amount as a tax deduction, in which case the receiver must report it as taxable income. ...OR... The payer can choose to not take the tax deduction, in which case the receiver does not report it as income.

Who do I call to find out the status of child support and/or spousal support payments?

Cuyahoga County of Ohio - Health & Human Services Freque...
The Court does not keep track of or send support checks. All support checks are issued through the Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio 43218-2372. You may call 1-800-860-2555 to see if a payment has been posted to your account.

Will bankruptcy get me out of child support or spousal support payments?

James Patrick Brady: Houston Bankruptcy Attorney, Bill Colle...
No. Under both old and new bankruptcy laws, child support payments and spousal support payments are not dischargeable in a Texas bankruptcy proceeding.

Can Child Support Services assist with spousal support orders?

Sutter County Child Support Services - Child Support Frequen...
When the child(ren) and the custodial parent are living together, the department will enforce both child and spousal support. If the children and the custodial parent are not living together, the department will enforce past-due child support and past-due spousal support. When child support terminates, and the spousal support order remains in effect, the department will not enforce spousal support only.

Will child or spousal support be ordered while the divorce is pending?

DIVORCE HQ Frequently Asked Questions
Once a divorce or legal separation has been initiated temporary orders can be entered for child support, spousal support, custody & visitation and other issues pending a final dissolution.

How do I deal with guesses where there is no spousal or child support by agreement?

Frequently Asked Questions (FAQs) about SupporTax for Window...
Click Formula in the pull-down menu to go to the Current Formula Options and Values screen, and choose the appropriate formula for your particular situation. There are options in that screen for setting child or spousal support to zero. So far I am impressed, however I have not been able to find anything on family support after going through the User's Guide. Please help. Family support is done by using the "Optimize" button on the right-hand side of the screen.

How can I determine the amount of back child support owed to me?

NationalChildSupport - home
Contact the government child support agency currently responsible for processing your child support payments. They can send you a statement of arrears. If you have not been working with a government child support office, or if a government child support office has closed your case, you will need to research your own records to determine the correct balance. Upon hiring National Child Support, we can help you determine your balance and will provide you with an affidavit of indebtedness.

What is Child Support?

FAQs
Child support is defined by law as the ongoing monetary expenditures and payments necessary to cover a child’s living and medical expenses. Both parents have a legal duty to provide financial support for their children. The court may order either or both parents to make ongoing payments to cover a child’s living and medical expenses.

How is spousal support determined?

Virginia Spousal Support (Alimony) FAQ's
Spousal support can be determined by the parties through a settlement agreement, or a judge can determine the amount of spousal support to be paid, if any, if a case goes to trial.

Can spousal support ever be barred?

Virginia Spousal Support (Alimony) FAQ's
Spousal support may be barred by proof of adultery on the part of the person seeking spousal support; however, spousal support is no longer barred by desertion or cruelty.

What are the factors that go into an spousal support determination?

Virginia Spousal Support (Alimony) FAQ's
The factors taken into consideration by the Court when deciding whether to award spousal support and the amount of such award include: The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; The education and training of the parties and the ability and opportunity of the parties to secure such education and training; Such other factors, including the tax conseque.

Can I get permanent spousal support?

Virginia Spousal Support (Alimony) FAQ's
Spousal support, whether ordered by the court or agreed to by the parties, can be paid in periodic (i.e., bi-weekly or monthly) payments for a set duration, such as four years; periodic payments for an unspecified duration; in the form of a lump sum award; or any combination of the above. Court ordered spousal support terminates automatically upon the death of either spouse or the remarriage of the spouse receiving support.

How can the amount of spousal support be changed in the future?

Virginia Spousal Support (Alimony) FAQ's
If spousal support is set by agreement of the parties in a Property Settlement Agreement (instead of a Judge), unless there is a provision allowing for later modification, the amount of spousal support can never be modified. If a Judge sets a spousal support award, either side may later petition for an increase/decrease upon a showing of substantially changed circumstances.

How much spousal support will I get/have to pay?

Vancouver Divorce Lawyer - Kathleen Walker
The amount and duration that you have to pay spousal support varies widely but it is based on such factors as the length of the marriage, the needs of each party and the means of each party and whether anyone was prejudiced in some way by the marriage or the marriage breakdown. A good starting point is to add up the net family income and then divide it 50/50. The party with more income may ending up paying the party with less income to help lessen the difference between them.
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