Monday, May 14, 2012

Child Support versus Spousal Support



Support payments pursuant to divorce receive different tax treatment depending upon whether they are characterized as child support or spousal support (referred to also as maintenance or alimony). This is a potential tax planning opportunity, but there are important pitfalls that need to be addressed in the tax planning process. 

Payments classified as child support are not taxable to the payee spouse and not tax deductible by the payor spouse. Payments classified as spousal support are taxable to the payee spouse and tax deductible by the payor. These payments are not only tax deductible, but "above the line" adjustments to income, meaning that the payor spouse does not have to itemize deductions to get the tax break. In theory, divorcing spouses may be able to save money in taxes by taking advantage of this difference, but must be careful in how they do this. 

 
Andre Plessis, CDPP, RCS-DTM REALTOR®
As a RCS-DTM REALTOR® I assist individuals who are either thinking about divorce or are in the process of a divorce. To protect your rights NOW, you need a real estate agent specializing in divorce, an RCS-DTM REALTOR®
RCS-DTM stands for Real Estate Collaborative Specialist-Divorce.

Tel: 310-266-9463 
Los Angeles Divorce Real Estate Specialist

Checklist: Post Divorce Actions To Take!


Checklist: Post Divorce Actions To Take!
1.    Divide all property as set forth in the divorce decree.
2.    Execute a quitclaim deed to transfer title to real property to your former spouse, and/or make sure that your ex-spouse does the same, as required by the divorce decree.
3.    Change the titles to your motor vehicles to reflect the ownership as set forth in the divorce decree.
4.    Notify your auto insurer of any changes in automobile drivers, ownership, and addresses.
5.    Make sure that your name has been removed from any debts or loans that are no longer your responsibility. Close any joint credit accounts.
6.    If you change your name (such as by reverting to your maiden name) as a result of the divorce, notify all of your creditors of the change.
7.    If you move, notify all of your creditors of your change of address.
8.    Notify the Social Security Administration of your name change.
9.    Apply for a driver's license with your new name on it.
10. Apply for a driver's license with your new address on it.
11. Change your name on your bank accounts and checks, or open new accounts in your name only.
12. Change your address on your bank accounts and checks.
13. Apply for credit in your own name.
14. Remove your former spouse's name from your lease or mortgage.
15. Change the beneficiaries on my life insurance, 401k, pension and IRA accounts, if permissible under the divorce decree.
16. Change the way you hold title on all properties you own.
17. Obtain life insurance naming your former spouse and/or children as beneficiaries to ensure continued support if you should die, if required by the divorce decree.
18. Write and execute new will, trust, and powers of attorney. Designate guardians for your children if necessary. Be sure to update your health care proxy and your power of attorney documents.
19. Execute all necessary COBRA documents to ensure continued health insurance coverage, or make sure that your ex-spouse has done the same.
20. Make sure that the Qualified Domestic Relations Order (QDRO) is entered and implemented, if required under the divorce decree.
21. Take all other actions required by the divorce decree.
22. Pay all support when due.
23. If you change jobs, notify your new employer of any court-ordered support, if required by law to do so, to effectuate continued automatic withholding.
24. Keep your scheduled visitation times with your children.
25. Order a new copy of your credit report after joint accounts are closed.
26. Set up direct deposit or income withholding for child support, spousal support or alimony payments.    
27. Change Your Tax Status: Change your tax status to reflect you are no longer married and/or to alter the number of exemptions you have been claiming. If you use a tax preparer you will want to notify that person of your change of marital status.
28. Review and update your post divorce budget for income and expenses.
29. Execute IRS form 8332 to transfer dependency exemptions to non-custodial parent if necessary based on settlement.
30. Review your tax withholding allowances with your tax advisor or CPA and determine if estimated quarterly payments will be necessary.
31. Change your name on:

____ Driver’s license, automobile title and registration
____ Social security card
____ IRS records
____ Automobile insurance policy
____ Life, health, homeowner’s and disability insurance policies
____ Employer’s records
____ Credit cards
____ Bank, brokerage and investment accounts
____ Professional licenses
____ Title to real property
____ Utility bills

 Have questions in regards to divorce real estate in Los Angeles?
Call: 310-266-9463
Andre Plessis, CDPP, RCS-DTM REALTOR®
As a RCS-DTM REALTOR® I assist individuals who are either thinking about divorce or are in the process of a divorce. To protect your rights NOW, you need a real estate agent specializing in divorce, an RCS-DTM REALTOR®
RCS-DTM stands for Real Estate Collaborative Specialist-Divorce.

Tel: 310-266-9463 
Los Angeles Divorce Real Estate Specialist