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The state of Indiana does not have alimony. Spousal support must meet the following guidelines:
IC 31-15-7-2
Findings concerning maintenance
Sec. 2. A court may make the following findings concerning maintenance:
(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and
(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;
the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.
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Spousal support is not a given and must meet one of the critera listed above. The total amount between child support and spousal support cannot exceed 50% of the obliger's income.
What else can I help you with?
Alimony Laws Pertaining to Divorce?
Alimony is spousal support that is paid after a divorce has been granted. Alimony can be paid on a recurring monthly basis, or it can be paid in one lump sum. After a divorce, alimony is granted to one spouse, so they can continue to enjoy the same standard of living, which they had during the marriage. The basic premise of alimony is that a former spouse should not have to suffer a diminished lifestyle because their marriage has ended. Typically, the individual receiving alimony is the ex wife, however alimony is not specific to one gender. There are extenuating circumstances which may lead to spousal support for a man. Alimony is usually paid to former spouses who did not work during the marriage, and the other spouse’s income was their only source of monetary support. Today, due to the prevalence of dual income families, granting alimony has almost become a relic of the past. Alimony is paid in only 15% of marriages which ends in divorce. Pendente alimony is temporary spousal support that is awarded to one spouse until the divorce decision is finalized. Rehabilitative alimony is temporary spousal support that is granted while the former spouse receives the necessary training and education to return to the workforce. Permanent alimony may be awarded to an elderly spouse who was married for a long period of time, especially if there is a disability or illness, which prevents them from working. The length of a marriage is one of the most important factors a judge will consider when awarding alimony. Couples must be married at least ten years before alimony is considered. Another important factor, which a judge will review, is the standard of living during the marriage. Under the Uniform Marriage and Divorce Act, a former spouse will not receive alimony if they have the ability to earn an income. Permanent alimony is until death, unless circumstances has changed, such as a remarriage or the children are older, and your ex spouse is able to resume working. In these circumstances, a couple can return to court to have alimony payments discontinued. Most states no longer consider fault when granting alimony. Alimony is awarded at the discretion of the court on a case by case basis. If you are getting a divorce, then you should obtain the services of a lawyer who has legal knowledge about family law, specifically laws pertaining to divorce and alimony. A divorce lawyer will be your advocate in fighting for your rights to receive alimony, so you don’t suffer financial hardships because of a divorce.
Is sporadic income included in determining alimony?
Yes. If you have a source of income that is continuing, but erratic, (e.g.: sales commissions, etc) what you earn over a period of a year is averaged and that amount is added to your stable income when calculating your support obligation.
How old do you have to be to get emancipated in the state of Indidana?
In Indiana, a minor must be at least 16 years old to petition for emancipation. They must also show that they have a source of income to support themselves and are capable of managing their own affairs.
How long do you have to be married to get alimony in Alabama?
When a couple divorces, alimony is often ordered as part of the divorce settlement. In the state of Alabama, if a couple was married less than10 years, alimony is paid for half the number of years of marriage. If married longer than ten years, alimony could continue until the spouse dies or remarries.
If one is married for 10 years can the woman claim Spousal support if she is going to School full time Husband does not give child support either?
The laws vary from state to state. Speaking in very general terms (without knowing the state), 10 years is considered a long term marriage, and spousal support can be awarded. If a wife is enrolled in school the court may order that support continue until her education is complete (in a reasonable period of time) and for a short term after that until she can become gainfully employed. There are numerous settlement options though, spousal support is awarded in some cases until remarriage, and in some cases not at all. Spousal support is generally determined by the assets of the marriage, standard of living in the marriage, income of both spouses, and the length of time of the marriage. There are instances where a wife is the earner, and she is ordered to pay support. Child support is for the child, and is determined by the courts in the interest of the child and the laws vary from state to state. Generally speaking support payments are often ordered to the parent who has primary custody. Today it's not uncommon when both parents are earners of relatively equal levels who share 50/50 custody to have no support order (but to have ordered expenses: IE one parent pays insurance, another parent picks up dental, one parent picks up sports costs, etc.)
Is spousal support tax deductible?
Spousal support payments would not be deductible on your income tax return. Only Alimony payments would be deductible on your 1040 income tax return.
How do you claim child support on your income tax return?
Child support is not income to the recipient or a deduction for the payer. Spousal support, also called maintenance or alimony, is income to the recipient and deductible for the payer.
Can an ex-spouse garnish retirement income for nonpayment of spousal support?
yes, child support and alimony are the only two debtors that can garnish your social security.
Is child and spousal payments protected from garnishment in AZ?
only child support. Spousal support is taxable income.
What doI do if husband leaves marriage and I have NO income?
Michigan Spousal support is an allowance of money or property paid to a spouse which is not intended to be a part of the division of marital property.Michigan alimony or spousal support is generally paid for a spouse's health, education, maintenance and welfare. (Source Lady4Justice.com)Check out the link attach for more information:
If judgment says in lieu of spousal support are those payments considered taxable income?
No. However, if goods or real estate is recieved in lieu of spousal support, and the recipient then sells it, the recipient would then be responsible for any tax burden for the sale. Monetary spousal support payments recieved are not considered taxable income.
What states consider spousal income for child support?
Massachusetts, California, Indiana, Montana, & Ohio. Note that in Massachusetts, it is also applicable to increase an alimony payment. However, in all states, it is presentable under a Rebuttable Presumption argument.
Do you have to pay child support if you pay alimony?
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.
What is the difference between alimony and spousal support?
Alimony is a deductible item off gross income for both taxes and in calculating the child support obligation. Child support is not a tax deductible item. However, there may be other consideration. See links below.
Can a current wife's income be considered in calculating her husband's spousal support to his ex wife?
No.
Alimony Laws Pertaining to Divorce?
Alimony is spousal support that is paid after a divorce has been granted. Alimony can be paid on a recurring monthly basis, or it can be paid in one lump sum. After a divorce, alimony is granted to one spouse, so they can continue to enjoy the same standard of living, which they had during the marriage. The basic premise of alimony is that a former spouse should not have to suffer a diminished lifestyle because their marriage has ended. Typically, the individual receiving alimony is the ex wife, however alimony is not specific to one gender. There are extenuating circumstances which may lead to spousal support for a man. Alimony is usually paid to former spouses who did not work during the marriage, and the other spouse’s income was their only source of monetary support. Today, due to the prevalence of dual income families, granting alimony has almost become a relic of the past. Alimony is paid in only 15% of marriages which ends in divorce. Pendente alimony is temporary spousal support that is awarded to one spouse until the divorce decision is finalized. Rehabilitative alimony is temporary spousal support that is granted while the former spouse receives the necessary training and education to return to the workforce. Permanent alimony may be awarded to an elderly spouse who was married for a long period of time, especially if there is a disability or illness, which prevents them from working. The length of a marriage is one of the most important factors a judge will consider when awarding alimony. Couples must be married at least ten years before alimony is considered. Another important factor, which a judge will review, is the standard of living during the marriage. Under the Uniform Marriage and Divorce Act, a former spouse will not receive alimony if they have the ability to earn an income. Permanent alimony is until death, unless circumstances has changed, such as a remarriage or the children are older, and your ex spouse is able to resume working. In these circumstances, a couple can return to court to have alimony payments discontinued. Most states no longer consider fault when granting alimony. Alimony is awarded at the discretion of the court on a case by case basis. If you are getting a divorce, then you should obtain the services of a lawyer who has legal knowledge about family law, specifically laws pertaining to divorce and alimony. A divorce lawyer will be your advocate in fighting for your rights to receive alimony, so you don’t suffer financial hardships because of a divorce.
What is a sentence for taxable?
Example sentence - She was surprised to learn the money she received for spousal support is taxable income.
