Alimony Law - Spousal Support Law - Maintenance Law
There is now Rehabilitative Support, which is most common, or Permanent support, which has become very rare. Rehabilitative support is awarded for a finite period of time and is meant to assist the spouse receiving it while she/he becomes self-sufficient. Permanent or long-term support may still be awarded in some instances, such as disability or advanced age, after a long-term marriage. Other categories include temporary alimony, and lump sum alimony.
Alimony law is administered and enforced on a state level and varies from one jurisdiction to another. Courts will generally review several factors when determining an award of spousal support or maintenance. Though these criteria can differ from one state to the next, some common factors include the duration of the marriage; the age of the spouse being awarded support; that spouse’s earning capacity; how long that spouse has been away from the job market; and how long and how much it will cost for the education and training needed to return that spouse successfully to the job market. Many states also consider the effect child custody has on one party’s earning capacity; property division; and the tax consequences, to both parties, of the support ordered.
For more information about individual laws addressing alimony, spousal support and maintenance, as well as procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center. Visit Us at Google+ Copyright HG.org
Alimony Law - US
- ABA - Alimony and Spousal Support Committee
Concerned with the operation and effect of statutes, regulations, judicial decisions, and rules of court relating to alimony, maintenance and spousal support on the state and federal level and the relationship of alimony to other financial aspects of divorce.
- Administration for Children and Families - Collection of Support for Certain Adult
Attached are final rules with a comment period which allow States, at their option, to collect and enforce support obligations from an absent parent both for the child or children and the spouse or former spouse. The spouse or former spouse must be living with the child or children and the family may either be receiving aid under title IV-A of the Social Security Act or not otherwise eligible (non-AFDC). A State may not attempt to establish a spousal support obligation and may collect spousal support only if the existing support obligation includes both child and spousal support. If a State chooses to collect spousal support, it may use all existing collection mechanisms and enforcement remedies which are available to collect and enforce child support. These regulations implement section 2332 of Pub. L. 97-35, the Omnibus Budget Reconciliation Act of 1981, and section 171(a)(1) of Pub. L. 97-248, the Tax Equity and Fiscal Responsibility Act of 1982.
- Alimony and Separate Maintenance Payments
General Rule - Gross income includes amounts received as alimony or separate maintenance payments.
- IRS - Topic 452 - Alimony Paid
If you are divorced or separated, you may be able to deduct the alimony or separate maintenance payments that you are required to make to your spouse or former spouse, or on behalf of that spouse.
- Social Security Act - Consent to Support Enforcement
Notwithstanding any other provision of law (including section 207 of this Act and section 5301 of title 38, United States Code), effective January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States or the District of Columbia (including any agency, subdivision, or instrumentality thereof) to any individual, including members of the Armed Forces of the United States, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person, to withholding in accordance with State law enacted pursuant to subsections (a)(1) and (b) of section 466 and regulations of the Secretary under such subsections, and to any other legal process brought, by a State agency administering a program under a State plan approved under this part or by an individual obligee, to enforce the legal obligation of the individual to provide child support or alimony.
Organizations Related to Alimony Law
- About Divorce - Types of Alimony
court’s order, by the spouse with a higher income for the spouse with less or no income. The aim of alimony law is to provide the dependent spouse with financial help so that s/he can carry on with the activities of life after divorce. Criteria for determining the type of alimony, along with the extent and need of spousal support or maintenance, vary from the alimony laws of state to state and situation per se.
- Administration for Children and Families (ACF)
The Administration for Children and Families (ACF) is a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families.
- Alliance For Freedom From Alimony, Inc.
Reform alimony is dedicated to a legislative solution to the unfair practice of imposing lifetime involuntary payments to an ex-spouse regardless of their income earning potential or their part in the dissolution of a marriage. Reform alimony supports rehabilitative alimony for a limited but effective period of time.
Publications Related to Alimony Law
- Diivorce Net - Alimony Guidelines
Approximately between 40% and 50% of all first-time marriages in the United States end up in the divorce courts. When this occurs, it is likely someone will end up paying alimony. The type of alimony and the amount will differ according to the state statute applicable. These vary as only some states (including Kansas, Kentucky, Massachusetts and Texas) have specific mathematical alimony guidelines to direct the amounts allotted. The amount will also differ in accordance with whether the state has in place fault or no fault divorce.
- LovetoKnow Divorce - Alimony
Here at LovetoKnow Divorce, you'll find a wealth of information on this important topic. The rules regarding when alimony will be awarded, and for how long, have changed in recent years. It's to your advantage to know as much about the topic of spousal support as possible, whether you're in a position to collect or to pay. In the past, it was almost always assumed that women were the ones who collected spousal maintenance, but now, men collecting alimony has become more common.
Articles on HG.org Related to Alimony Law
- 10 Questions to Ask your Divorce Lawyer in Georgia: Part 2A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!
- Q&A to Signing a Prenuptial Agreement in GeorgiaSigning a prenuptial agreement in Georgia is a major decision. Always make an informed decision whether or not you decide to sign an agreement.
- Vacation Homes Can Spell Trouble in High-Asset DivorcesVacation homes often spell trouble in divorces because they are generally high-value properties. Failure to come to an out-of-court agreement on the vacation home can result in the court stepping in and making the decision for you.
- Explaining the Difference in Alimony & Child SupportAlimony, or "spousal support" is often confused with child support. Although both forms of payment are the result of a divorce, the two concepts are very different from one another.
- Right of the ChildThe essential principle that passes like a golden thread in law, in judgments and in every occasion of childustody is the principle of " The good of the child".
- The Rabbinical Court – Different From What You ThinkMany people are of the opinion that the Rabbinical Court is a dull and drab institution where the people there are caught up in antiquated chauvinistic, anachronistic ways of the thinking. I often hear people, who are widely considered wise and expert in this matter, expressing this opinion in the media, and in the general environment where I live and conduct my legal practice.
- Child Custody - UkraineIt seems like only yesterday a child’s parents loved each other and lived together quite happily. Today they find themselves bitterly disappointed in their relationship and want to terminate their marriage. Cold, hard statistics show that Ukraine, unfortunately, is now passing through an avalanche of divorces, which arguably have the greatest impact on innocent children.
- How to Fill Out a Family Law Financial Affidavit in FloridaIn concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets, and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case. Let me give you some ideas about what different expense might seem appropriate and then I'll tell you why each of them is defective:
- All About AlimonyPayments can be made to a spouse deemed as dependent if the court finds that they are financially reliant on their other spouse. Alimony can come with other names. It is known as spousal support or maintenance depending on the state. Regardless of what it is called, it seeks to gain the same goal: provide a dependent spouse with financial compensation.
- Modification of Alimony OrdersAre spousal support payments becoming too much for you to handle? You may be able to have these orders legally modified with the help of an attorney! You may have gone through the process of divorce some time ago. Circumstances change as time goes on, which means that the divorce agreement that worked for you initially may not be working for you now. Legally, there is something you can do about this.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.