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How do I set up Alimony / Child Support after divorce?

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What is the name of your state (only U.S. law)? CA

My divorce was finalized in November. Per the agreements of our papers I'm not required to pay my ex anything for child support or alimony, we wrote it down as being mutually agreed upon with no binding agreement. I am paying her quite a bit though and I was advised by my accountant to get it official. Anyone know where I go to for that? I don't think it's family court, but I'm not sure where else to start?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? CA

My divorce was finalized in November. Per the agreements of our papers I'm not required to pay my ex anything for child support or alimony, we wrote it down as being mutually agreed upon with no binding agreement. I am paying her quite a bit though and I was advised by my accountant to get it official. Anyone know where I go to for that? I don't think it's family court, but I'm not sure where else to start?
I'd start with an attorney. Seriously. Pay for an hour or two of legal advice from a family law attorney, to find out why you are paying a bill you do not owe and what the tax implications are for alimony and for child support.

Note: if you are paying court-ordered support, you cannot modify it without the agreement of the court. That's but one reason you need to reconsider formalizing your inexplicable payments.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

My divorce was finalized in November. Per the agreements of our papers I'm not required to pay my ex anything for child support or alimony, we wrote it down as being mutually agreed upon with no binding agreement. I am paying her quite a bit though and I was advised by my accountant to get it official. Anyone know where I go to for that? I don't think it's family court, but I'm not sure where else to start?
Your accountant is advising you to get it court ordered, because alimony (but NOT child support) is tax deductible to you and taxable income to your ex. This is the reason why its best to get advice prior to making the decision to make agreements that are outside the norm. I don't know what your motive was to have your divorce agreement state no fixed alimony or child support, when you intended to actually pay alimony and child support, but you are now learning that you made a bad choice.

You will need an attorney to help you fix this. Make sure that any wording regarding alimony does not make it end when the child(ren) become adults, (it can end earlier or later, whatever is appropriate, just NOT when the children become adults) and make sure that part of the money is designated as child support, or the IRS will disallow the deduction as disguised child support rather than alimony.
 
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Bali Hai

Senior Member
What is the name of your state (only U.S. law)? CA

My divorce was finalized in November. Per the agreements of our papers I'm not required to pay my ex anything for child support or alimony, we wrote it down as being mutually agreed upon with no binding agreement. I am paying her quite a bit though and I was advised by my accountant to get it official. Anyone know where I go to for that? I don't think it's family court, but I'm not sure where else to start?
You mean no binding agreement on the amount? Sounds like you and your ex agreed that you would pay what you could?

Child support is not deductible nor taxable income. So that is out of the equation. That amount can be reviewed and modified despite your agreement.

The alimony is a different animal. Unless you are paying a horrendous amount of alimony, (I question why you are paying any at all) I would let a sleeping dog lie. Once the alimony amount is court ordered, that amount is what you are legally required to pay whether you can afford it or not.

You seem like a standup guy that will do the right thing without a court breathing down your neck.
 

I'mTheFather

Senior Member
Based on previous threads, I don't think much of what he pays would be considered alimony.

I agree that you should talk to a family law attorney, and also run your numbers through the CA child support estimator.
 

RRevak

Senior Member
I would get the child support into paperwork as support is fluid and can be revisited at any point anyway. Meaning, just because it wasn't ordered in the divorce doesn't mean she can't take things back to court to get an order started later. It doesn't hurt anything to get things started now if you're already paying support regardless. The alimony on the other hand I would let that one be what it is. While as LD stated it can be helpful in the tax realm, I lean more towards Balis response in that it locks you into supporting HER whether you wish to or not. Do you really want to still be on the hook to pay her every month if you decide you don't feel like it anymore? Because by you getting it "official" that is exactly what could end up happening. If you do wish to formalize it then at the very least run the whole thing by an attorney who can help you draft an order that will ensure your end date is one that helps you rather than hinders.
 

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