Alimony Spouse Support Withholding In Pennsylvania
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Calculating Spousal Support The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
Spousal support is requested by the lower income spouse before the divorce is initiated. This means you can request spousal support if you've left an abusive situation or if your spouse has moved out. However, your spousal support claim can be denied if you have provided grounds for divorce.
Today, alimony or separate maintenance payments relating to any divorce or separation agreements dated January 1, 2019, or later are not tax-deductible by the person paying the alimony. The person receiving the alimony does not have to report the alimony received as taxable income.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
Types of Alimony in Pennsylvania. Under Pennsylvania law, there are technically only two types of alimony: pendente lite (pre-divorce) and post-divorce. However, there are two other forms of payments between spouses—spousal support and equitable reimbursement—that are commonly referred to as alimony.
The parties may agree to consider spousal support as maintenance and not alimony for tax purposes. Therefore, the spousal support is nontaxable and nondeductible, just as child support. Such an agreement must be established in the marital settlement agreement approved by a judge.
The 17 Alimony Factors in Pennsylvania Relative earning capacity of each spouse. Age, physical and mental health of each spouse. Sources of income of each spouse. Inheritances of each spouse. Marriage length. Contribution to spouse's education. Children: whether earning capacity of the custodial parent is affected.
