It is set on motion when a spouse files papers at the beginning of the divorce seeking temporary alimony. Under California law, the court can make an order for temporary spousal support retroactive to the date of the filing of the divorce petition. However, courts in most cases award temporary support from the date that the spouse filed the request for spousal support. Calculating Temporary Spousal Support Temporary alimony in California is based on one person's need and the other person's ability to pay. The goal in setting an amount is to maintain the status quo of the marriage, providing each spouse with the same standard of living while the divorce action is proceeding. Most courts use a computer program formula to set a temporary alimony amount. These vary from one court to the next, but the same program is often used for temporary alimony that is used for child support calculation. The court has discretion to depart from the result of the computer program formula if circumstances warrant, but they usually do not.
The court will issue an income withholding order to the paying spouse's employer, which directs payroll to withdraw the spousal support from the employee's paycheck. Income withholding is beneficial unless the paying spouse changes jobs and doesn't inform the court or voluntarily stops working to avoid payments. In cases where the paying spouse fails to follow the court order, the recipient spouse can request intervention from the court to recoup the missed payments. Taxes and Spousal Support If the court finalized your divorce before December 31, 2018, the Internal Revenue Service (IRS) allows the paying spouse to include payments as a tax deduction and the recipient spouse must report the spousal support payments as income. However, recent changes to the Tax Cuts and Jobs Act eliminated any tax deduction or income reporting requirements, meaning the paying spouse doesn't get a credit, and the IRS doesn't count the support payments as income for the recipient. Parties negotiating their spousal support arrangements should consider the new tax changes before moving forward with any agreement.
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