Posts Tagged ‘spousal support payments’

How Are Spousal Support Payments Affected By Bankruptcy?

Monday, May 15th, 2017

Obviously, it is would be difficult to make alimony payments if you are bankrupt – in fact, it makes it near impossible. As many divorcing couples know, alimony is what is known as a nondischargeable form of debt. This means that regardless of one’s financial situation, these debts are not alleviated from the debtor.

Along with alimony, child support is also a nondischargeable form of debt. So in almost all cases, spousal support payment requirements cannot and will not be negated through bankruptcy.

With that being said, there are two, and only two, situations in which alimony requirements can be eliminated. The first one is known as “Third Party Involvement”, and is very self-explanatory. Let’s say the alimony collector, through a written document, assigns their parent or close relative to be the one to initially collect it, and then subsequently has that relative pay them the alimony (ex-mother in law receives payment, then gives ex-spouse the alimony). In this case, a case can be made to eliminate the alimony payment requirements. The only other time alimony is nullified is in “Incorrect Alimony Classification”. In basic terms, if the ex-spouse that is making payments is mandated to send those payments to an affiliate of the other, a company or the like, then by definition, it is not alimony, as it is not pertaining to domestic maintenance, which is the point of alimony. Therefore, because it is not formally alimony, it can be discharged.

If you have questions regarding spousal support or alimony payments in New York, contact Paul E Rudder, Esq, an experienced and top-rated divorce attorney in New York City. Call Paul Rudder at 212-826-9900.

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How Long Do You Have To Pay Spousal Support?

Saturday, October 22nd, 2016

Spousal support is common in many divorce cases and usually involves one spouse paying the other on a routine basis. For instance, there are many situations where one spouse is not working, and because he or she has been out of work for a period of time, the working spouse has to provide support.

Every state has different rules regarding the duration of spousal support, but in truth, there is no clear-cut way to go about determining how long spousal support lasts.

Spousal support, also called as alimony, is ordered by the court and is meant to be rehabilitative, in the sense that is will be in place as long as necessary for the receiving party until he or she becomes self-sufficient and self-supportive. It is not uncommon for the court to also set an exact time for when the spousal support expires or when payments are no longer necessary. If this does not happen, then payment must be continuously made until the court makes an order otherwise, or the paying spouse makes a motion to stop the payments.

Another possible element that could change the duration of spousal support is the personal life of either spouse. If the receiving spouse re-marry or has a live-in partner, the payments will most likely end. This could be true even if the amount paid up to that point is not enough to qualify as “rehabilitated.”

It is only on rare occasions that spousal support would be permanent, and that is only under a small umbrella of circumstances. The most common one is if the spouse that receives the support has health problems that would require them to have most, if not all of their costs covered.