subject: Temporary Spousal Support, Temporary Alimony, Temporary Spousal Support California [print this page] Financial support provided by one spouse to the other in the event of separation or divorce is called temporary spousal support. It is based on the family or divorce law. It is ordered in order to provide financial support to one of the spouses for a short period of time. The court will decide the amount of money to be given. Temporary spousal support does not guarantee permanent alimony. Given below are some of the most popular questions about temporary spousal support that have been answered:
Can the temporary support amount be taxed?
Alimony that is paid on the orders of the court may be counted as taxable income for the individual who receives it. It may be considered as deductable income for the individual paying it. However, if the payments are made voluntarily, they may not be taxed. The IRS states that, decree or any type of court order requiring a spouse to make payments for the support or maintenance of the other spouse. This includes a temporary decree, an interlocutory (not final) decree, and a decree pendent lite (while awaiting action on the final decree or agreement).
What is the temporary alimony law in the state of Indiana?
According to the Indiana code 31-15-7,
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouses 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 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 to spouse who is seeing 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 exceed three years from the date of the final decree.
A person is paying temporary spousal custody in the state of Tennessee. His/her pay has been reduced. Will he/she still be required to pay spousal support?
The law of Tennessee states that the individual will have to continue to pay spousal support irrespective of the reduction in his/her pay. He/she will have to continue paying till the court order is modified by the judge or the alimony is cancelled. If someone disobeys the court order and stops paying the alimony, he/she may be charged with contempt of court. The individual may request the court to modify the spousal support.
Will an individual have to pay interest on any unpaid spousal support in the state of Kentucky?
Spousal support may build up interest since it is a court order. It may accumulate up to 12% interest if it is not paid.
Can an individual who was married for 6 months get temporary spousal support even if he/she was careless about the money when he/she was married?
The court may look into the behavior and actions of the party that is requesting the support in cases like the one mentioned above. In most situations, 6 months may be considered a very short time to get spousal support. Hence, if the person does get anything, it may be only for a couple of months.
One may have to file a petition in court to get temporary spousal support. The petition may be filed in the same court where the divorce proceedings are held. There are many rules that need to be followed when applying for support. You may ask a family lawyer if you have any questions about temporary spousal support.
