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Do you have to grant the wish of your spouse for a divorce knowing you will end up paying for child support and alimony?

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2017-03-17 12:57:37
2017-03-17 12:57:37

The power to "grant" a divorce does not lie with you it lies with the family courts. You cannot force your spouse to stay married to you. The court will establish child support (and alimony, if any) based on the needs of the parties and the ability to pay.

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The punishment is divorce and paying alimony.

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The term a "Texas divorce" means no-fault divorce. Which means neither party is responsible for the divorce, so no party is responsible for paying alimony.

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Child support is not mandatory and can be included as a provision of Alimony, which is financially beneficial to the one paying. see link below

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It is rare but if the Woman is the supporting spouse she can end up paying alimony. EG: Madonna and Guy Ritchie

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It depends on the wording of the alimony decree. Generally, the alimony and the Social Security are independent of one another.

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Actually, limited time alimony is better to pay than child support. Child support separate from alimony only became common some 40 years ago. Alimony is tax deductible, while child support is not. When calculating child support, alimony is a deductible item from gross earned income on which the calculations are based, thus less child support is ordered. In addition, the alimony adds to the total taxable the other parent, resulting in them taking on a greater obligation in the support of the children. Balancing the benefits of one over the other is something to discuss with a tax accountant. Reducing taxable income, as a result of paying alimony, could bring the obligor into a lower tax bracket. Combining this with the lower child support obligation could actually create an overall savings as compared to just paying child support.

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No, upon remarriage alimony would cease. However if you are paying for child support, this will and should continue after the new marriage because you are still responsible for paying for your share of bringing up YOUR children.

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if i am paying alimony in florida and move to new jersey can i stop paying alimony to my ex wife

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no, but I would like to know if she's trying to. Message me.

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Child support normally begins during the process of divorce, not upon divorce. As for payment dates after divorce, the divorce decree (or associated paperwork) should say.

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No. It is customarily written into the divorce decrees that if the spouse who is receiving alimony (aka spousal support) re-marries, the support payments will cease. Now, this does not happen automatically ... the spouse who is paying support must file in court to get this stopped - once the filing has been made, disbursing payments to the other will cease, but garnishments to wages will continue until the court hearing. Once the judgment has been issued in your favor, you will get back the monies back to the date you filed your paperwork to ammend the payments of spousal support.

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As long as it is child support and not alimony (to the woman) then yes, you can stop paying. But, it is still your child. Think about that one before you go to sleep tonight. Phil

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Get StartedA divorce decree or separation agreement may specify that one spouse shall assist in the support and maintenance of the other spouse. Alimony is not limited to cash payments. The court may order payment of unreimbursed medical or dental expenses, house payments, or other expenses incurred by the receiving spouse. The court may also order that the paying spouse maintain a life insurance policy on his or her life with the receiving spouse named as a beneficiary.The purpose of this letter is to remind the paying spouse of his or her responsibility to make certain payments and to document the demands for payment.A court which enters a decree of divorce containing an order for support usually retains the power to enter a judgment for delinquent alimony obligations. However, to enforce alimony payments, it may be necessary to obtain the assistance of an attorney.

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Yes alimony is taxable to the receiving party and deductible to the paying party.

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If you live in the US, it's certainly possible that you might be ordered to pay both child support and alimony. Of course, it's also possible that you would only be ordered to pay child support. What the court will order depends on the factors of the case.

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This is dependent of the provisions under the divorce and evidence of self support by the receiver. Get an independent review of the order.

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My husband was ordered to pay 200.00 a month alimony until his ex. remarries or dies.He has not paid for 12 years. Can his ex. upon his death still try to collect it. She has never mentioned it to him since he quit paying her. Is their a time limit for her to have pursued back alimony?

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If there is a support order in affect the obligated parent is responsible for keeping payments current and paying any arrearages. If the order was mandated after the divorce decree and the couple lived separately there may still be arrearages for support that the non custodial parent is responsible for paying.

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you may wind up paying alimony but as far as i know child support is only ever due to your biological children

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We don't know. How much does your spouse want? How much money do you make? Sometimes women don't ask for alimony when they file for divorce. If you file for divorce you might not have to pay anything. If you make big money you'll pay big bucks. If you have a low paying job you can expect to pay less than half of your salary.

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Absolutely, provided there is nothing in the divorce decree prohibiting travel.

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Divorce is something that happens between spouses, not between parents and children. A child's refusal to see the father does not affect the father's child support obligation.

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Who has a new spouse? The person paying alimony or the one receiving it? If it's the one paying it, then he/she is still required to pay it even if he/she remarries. If it's the one receiving it...generally, alimony payment terminates if the recipient remarry.


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