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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.
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