Child support payments are neither deductible by the payer nor taxable to the recipient. When calculating gross income to see if you’re required to file a tax return, don’t include child support payments received.
Under divorce, dissolution, or separation instruments executed on or before December 31, 2018, alimony or spousal maintenance payments are deductible by the payer and taxable to the recipient. When calculating gross income to see if you’re required to file a tax return, you should include alimony payments received under such an instrument.
However, under divorce, dissolution, or separation instruments executed after December 31, 2018, and under certain instruments executed on or before December 31, 2018 but later modified, if the modification expressly states the repeal of the deduction for alimony or spousal maintenance applies to the modification, those payments are neither deductible by the payer nor taxable to the recipient. When you calculating gross income to see if you’re required to file a tax return, don’t include alimony or spousal maintenance payments received under such an instrument.
“What is Community Property” is a very common question asked during a divorce consultation with our attorneys at Althauser Rayan Abbarno. Knowing community/separate property and how it is distributed is very important to any person going through a divorce.
Althauser Rayan Abbarno offers divorce and family law consultations in Olympia and Centralia by calling (360) 736-1301.
What is “community property”?
Washington is a “community property” state. Generally, property acquired during marriage is presumed community property, with both parties having an equal but undivided interest in the property. Community property laws can be complicated and may required tracing the origins of the property or improvement of the property. Couples who have been married a long time, who have significant property, or who own a business will want to seek legal advice on how to best determine a fair and equitable distribution.
What is “separate property”? “
Separate property” means property that does no constitute community property. Generally, separate property is real and personal property owned before marriage, or received during the marriage as a gift or inheritance, or that was bought with separate money. In some cases, determining what is separate property can be complex or unclear and getting legal advice can be important.
To modify an existing Parenting Plan means to change the Parenting Plan. A Major Modification is a Petition to Change Parenting Plan asking for a big change to your current Parenting Plan. A Minor Modification asks for only small changes. The standards are different for proving each modification.
You must prove there is a good reason at the first “Adequate Cause” hearing to make a Major Modification of your Parenting Plan. The burden is on the person wanting to change the parenting plan and the burden is very high and only in limited circumstances. Consult with an experienced Family Law Attorney like Emily Laz at Althauser Rayan Abbarno before attempting to modify an existing parenting plan. Call (360) 736-1301 for a consultation in Olympia or Centralia.
On a scale of 1 to 10 for scariest kinds (types) of attorneys, some would argue a family law attorney is around a 9. At least that is what they say about the attorney on the other (opposing) side. That’s because in most cases your marriage is ending or you are fighting for custody of your children. Both highly charged with emotion: love and hate.