How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
4 Family Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Questions about Temporary Spousal Support Laws

Temporary spousal support is financial support from one spouse to the other, after marital separation or upon divorce. In most situations, it is established by a divorce law or family law, and is based on the premise that financial support to one or both spouses be kept for a limited amount of time. Usually this duration is not indefinite and is only for a short time. If a state allows temporary alimony, it is to be decided by the divorce court how much to grant. If the divorce court chooses to grant temporary spousal support, there is no guarantee that permanent alimony will also be granted. The various laws around spousal support can be confusing to understand leading to questions like the ones below, answered by Family Lawyers on JustAnswer.

Is temporary alimony taxable?

Alimony that is paid under the court is usually treated as taxable income of the person receiving the alimony payments, and it is a tax deduction for the person making the payments. If the alimony payments are being made voluntarily, then the amount would not be taxable. If the alimony was made under the court whether or not it is temporary, it is still considered taxable.

Stated from the IRS: “A 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).”

In the state of Indiana what is the temporary spousal support law?

Indiana Code 31-15-7 on spousal support states:
“(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s 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.”

In the state of Tennessee, if someone is paying temporary spousal support and has had a pay reduction are they still obligated to pay the support?

The state of Tennessee still requires the person to pay the temporary alimony payments even after receiving a pay reduction. That is until the judge modifies the order and either reduces or terminates the order. When someone takes it upon themselves to disobey the court order, and stop paying the support they are taking the risk of being held in contempt of court. In order to modify the temporary spousal support, they will need to file a motion with the court, and ask the court to modify the existing order because of the pay reduction.

In the state of Kentucky can the judge order interest on unpaid temporary spousal support?

Since spousal support is a court judgment, it can build up interest. Under the state law of Kentucky spousal support and any other court judgment under the state law can accumulate interest up to 12%. Each state has different laws and beliefs on temporary spousal support. If you need clarifications on the laws in your state, you can ask a Family Lawyer on JustAnswer.

Can a spouse of six months receive spousal support, if they were careless with the money when they were married?

In many cases like this, the court will take into consideration the behavior of the party that is requesting spousal support. Normally, six months is too short to guarantee spousal support, unless the spouse quit working when they first got married to stay at home. If they get anything, it will usually only be for a couple months. On the other hand they can show the judge that the ex spouse was careless with their spouse’s belongings and the marital property.

When trying to receive temporary spousal support, they would need to file a petition or motion in the court where the divorce process has taken place. There are many laws and steps that need to be taken in order to receive temporary support. Contact a Family Lawyer on JustAnswer for legal insights and answer to questions on the steps to take, and the laws in the state in which you reside.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
4 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Temporary Spousal Support Questions

  • I am trying to prepare a consent order for reduction in child

    I am trying to prepare a consent order for reduction in child support related to an agreed upon change in visitation. My ex wife may or may not sign but this is the first step to get this process going?
  • Hi, my wife (a legal immigrant with green card, approx. one

    Hi, my wife (a legal immigrant with green card, approx. one year in USA) and I will be moving to Washington state soon when my military contract ends, and it is a "community property" state, but we would both prefer to have our property governed normally, as a commonlaw arrangement is better for our situation, is there some way to arrange this and opt out of "community property" rules? Some kind of paperwork we could file?
  • We reside in Texas. I have 2 kids, 15 and 17. They have

    We reside in Texas. I have 2 kids, 15 and 17. They have both lived with me their entire life since I divorced their father until recently when my daughter, after having been grounded for a month for inappropriate, risky behavior, succumbed to her father "buying" and manipulating her to get out of her consequences. She now resides with him, and we are estranged. The Court has now ordered that all child support cease and that I be responsible to pay for both kids' medical insurance of their father's choosing, be it employer or independent agency. I, of course, already carry insurance on them b/c their father usually changes jobs every 18 to 24 months. Is there case law to support this mandate by the judge, and can he actually lawfully order where I actually purchase the insurance from? We're talking a difference of 70% increase if I drop my coverage and pay their father's coverage.  Also, will my obligation legally end with one child when they turn 18/ or graduate high school, whichever occurs first?

< Last | Next >
View More Family Law Questions