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FS-Support and Alimony Differences
Jan L. Warner & Jan Collins
Question: My husband left me in January, and has been sending just about enough each month to cover expenses for me and our two children. The rest comes from my part-time job. I have talked to a lawyer, but have not yet decided what to do. I did some research on the Internet about child support and alimony, but am not satisfied that I know enough protect myself. I found your Website and thought I would write you about the various implications of getting money to support me and our children.
Answer: While self-education is a good thing, trying to figure it all out may not be so good. Basically, there are two kinds of support: spousal and child. And there are several types of spousal support of alimony -- temporary, permanent, periodic, lump sum, rehabilitative, and reimbursement – which are determined either by a judge based upon the evidence at a trial or by you and your spouse through an agreement.
On the other hand, the amount of child support is generally governed by a statutory formula.
Here are some of the things you should find out about:
1) How long does each type of payment continue in your state and what are the rules about modification should there be economic changes later? Planning for employment options and children's education should begin now.
2) Be sure you understand the tax consequences of what you are going to pay or receive because it’s too late to plan after the agreement or court order is signed.
3) "Alimony" as defined by your state -- or the agreement you enter into may not be "Alimony" as defined by the IRS. The wording of your agreement or court order determines whether spousal payments are taxable to the receiving spouse and deductible to the paying spouse.
4) While child support is not taxable to the receiving spouse and is not deductible to the paying spouse, there are questions about dependency exemptions and medical expense deductions that may affect your tax situation.
5) If the dependent spouse or a child is disabled, there should be specialized planning after determining which public benefits may be available. A settlement should be structured around these benefits in order to attempt to maximize these benefits and avoid reimbursement.
6) If the paying spouse becomes disabled or dies, there should be security so that the support payments can be continued. Although Social Security benefits may be available to dependent children or spouses in some situations, these may not be sufficient or may not continue for a sufficient length of time. For example, Social Security for a surviving child continues only until the child reaches age 18. This means that you cannot plan to pay for college with Social Security benefits.
7) Disability, long-term care, and life insurance options should be explored. Since the receiving spouse has an insurable interest in the life of the paying spouse, insurance can be purchased to supplement Social Security or other income should support or alimony payments be terminated or reduced upon the death or disability of the paying spouse.
8) Future modification of current payments is becoming more prevalent with increases in unemployment, so try to address these concerns now.
9) Since anticipated interest and dividend income from property received through the division of assets will affect the amounts of support or alimony either paid or received, find out (a) when the funds will be received and (b) how to invest in a safe fashion to secure the anticipated before you sign anything. If you are forced to spend principal, your return will be reduced.
Since each state has laws that regulate alimony and child support in its court system, you should always check these things out with your lawyer.
Need more advice or help with this topic? Click here to get information about taking the "Next Step".
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