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New Alimony Laws

still learning's picture

Submitted by still learning on Wed, 02/27/2019 - 3:43pm

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Family Court

Was just talking to my lawyer today and she brought up the subject of alimony, it doesn't apply to me but she had an interesting comment.  Apparently the new tax laws do not count alimony as income, therefore if someone is paying CS and alimony the receiver does not claim the alimony as income and the obligator no longer gets to claim it as an exemption.  She said it was written in a very confusing way and it's basically open to interpretation by whoever is enforcing it.  Thank gawd DH only has one more year of this extortion! He's going to be pizzzed that it's no longer a deduction.  

Exjuliemccoy's picture

Submitted by Exjuliemccoy on Wed, 02/27/2019 - 4:24pm

Taxing income the earner never sees and not taxing the recipient has never made sense to me.

I guess Family Court has never heard of the #metoo movement? And reform would put a lot of attorneys out on the street.

still learning's picture

Submitted by still learning on Wed, 02/27/2019 - 5:04pm

Reform would be nice yet it would take massive action to accomplish.  So many people benefit from the way the system is that there's no real reason to change it. You have to pay ALOT to play or just take what you're dealt and never see your kids.  I was told today to expect loooong delays because the courts are understaffed and underfunded.  Makes you wonder where all the money is going?    

Sadly the best bet is to never get married or procreate.  

Exjuliemccoy's picture

Submitted by Exjuliemccoy on Wed, 02/27/2019 - 11:18pm

Amen!

Swim_Mom's picture

Submitted by Swim_Mom on Thu, 02/28/2019 - 6:05am

My DH also has 1 more year of paying his bitch ex like $7000 per month. Our understanding is that the new tax laws apply to divorces settled after the law change and are not retroactive. I hope to God our understanding is correct. We live in Illinois, the shitty corrupt state of libtards, hail to the underdogs and way too over the top woman friendly in divorce law. We've done our taxes and the bitch has to agree to reflect hers the same. Hopefully she will not try to fight it, if she is even organized enough to look at what DH sent her.  I cannot wait until this blood sucking leech is a bag lady! Almost time to start planning our Carribean vacation to celebrate the end of this extortion.

notsobad's picture

Submitted by notsobad on Thu, 02/28/2019 - 1:30pm

CS in Canada has not been taxable income for a long time. The idea is that it's there should be no tax advantage to supporting your own children, regardless if you live together or apart.

However, alimony is still a taxable income.

So here in Canada, if you don't have a CS agreement and you are paying more than you should you are also not getting a the tax break you should get for anything over the CS amount you should be legaly paying.

amyburemt's picture

Submitted by amyburemt on Thu, 02/28/2019 - 4:49pm

alminony comes to an end! my dh did everything he could to pay his off early. kicker is, we had custody of kids. he asked bm how much he could buy his kids for and she told him an amount that was converted to alimony. she was and still is a very stupid person!

JLRB's picture

Submitted by JLRB on Mon, 03/25/2019 - 2:31pm

We're in Massachusetts and the alimony laws were changed in 2012 to end alimony upon full retirement age.  My husband's divorce became final after the new law was put in place, but he falls under the old laws because the agreement had already been filed.  However, the Supreme Court has misinterpreted these new laws as prospective and not retroactive, in other words, my husband is held to the old laws.  He is 68 years old (2 years beyond full retirement age) and has no hope of retiring if he has to continue to pay $25,000 a year in alimony!  Sure, he can go to court to request a modification when his income changes due to retirement, but it will be up to the judge whether or not a reduction is warranted.  What if he retires, reduces his income to his social security benefit, and is held to the current alimony payment?  I'll be supporting all 3 of us!  There has been a group working hard in Massachusetts to clarify the language in the 2012 alimony laws, but so far without success.  Why should an adult be responsible for another adult for the rest of their lives?

JLRB's picture

Submitted by JLRB on Fri, 04/26/2019 - 12:32pm

Divorce should be the end of one person being financially responsible for another adult for the rest of their lives.  Child support for minor children is one thing, but adult support forever?  It's insane.