In this agreement, a former husband agrees to continue paying spousal support for another year due to a change in his former wife's financial circumstances.
West Virginia Agreement to Continue Payment of Monthly Spousal Support
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US-01446BG
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How to fill out Agreement To Continue Payment Of Monthly Spousal Support?
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FAQ
Before a few years ago, the law was such that the person who paid alimony would receive a tax deduction and the person who received alimony would have to pay taxes on the alimony. The law has since changed on a federal level and not the person who is the payer spouse no longer gets a deduction for the alimony.
§48-8-103. Payment of spousal support. (a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay spousal support in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party.
ARTICLE 5. DIVORCE. (a)(1) In the discretion of the court, an award of spousal support may be reduced or terminated upon specific written findings by the court that since the granting of a divorce and the award of spousal support a de facto marriage has existed between the spousal support payee and another person.
§48-8-101. (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.
Unless the order states otherwise, either spouse can ask the court to modify or terminate spousal support if there is a substantial change of circumstances after the initial order. A change in circumstances usually involves the loss or increase in a spouse's income. (W.Va. Code § 48-8-105.)
There are four kinds of alimony, known as spousal support in West Virginia: Permanent spousal support can last until either you or your spouse dies. Temporary spousal support (known as ?pendente lite?) is for a limited time and ends under specific circumstances.
Here in West Virginia, there are four classes of alimony: Permanent spousal support ? This is an award of support for the lifetime of the recipient. Temporary spousal support, or pendente lite ? This support order is in force during the divorce process and lasts until the court issues a final divorce decree.
Either spouse can petition the court for an increase or decrease in payments. The court regardless of a change in circumstances cannot modify fixed Alimony. It must be stated in the agreement between the divorcing spouses that the alimony is to be fixed or the court will understand it to be modifiable at a later date.