This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support Withholding In Philadelphia
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Multi-State
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Philadelphia
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US-00002BG-I
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The online request for support services can be used for new Complaints for Child Support, Spousal Support and/or Alimony Pendente Lite (APL), Petitions for Modification, Petitions for Recovery of Overpayment and Withdrawals of Complaint.
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).
Effective January 1, 2019 new orders for spousal support, APL and alimony no longer have special tax treatment. Before that date, an order or signed agreement would lead to the inclusion of the amount in the taxable income of the recipient and a tax deduction for the payor.
The IRS considers spousal support payments as income. In most cases, the amounts allocated for child support and spousal support are designated in the Pennsylvania divorce agreement. However, it isn't uncommon for agreements to lump the payments together as “unallocated family 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).
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
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.