Important Federal Alimony/Spousal Maintenance Tax Changes: For divorce and separation agreements or divorces finalized on or after January 1, 2019, the December 22, 2017 tax reforms in the Tax Cuts and Jobs Act (TCJA) eliminated an important and valuable tax deduction for the payer of alimony/spousal maintenance and also eliminated the requirement of the receiver to report these payments as taxable income. Any divorce and separation agreements or divorces finalized before the end of 2018 will continue to be governed by the old law and the alimony deduction and alimony income reporting will still apply. Read about Texas alimony.
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Does Texas Have Contractual Alimony or Spousal Maintenance? Yes!
How to calculate child support in Texas for a 50/50 possession schedule (equal actual parenting time) can be very different from Texas guideline child support with the Texas Standard Possession Order. Contractual alimony (spousal maintenance) can also affect child support.
Let's start with the Texas Standard Possession Order and how Texas guideline child support relates to it. In Texas, the law presumes both parents are fit and they should have frequent and continuing contact with children - but that does not necessarily mean equal parenting time. In fact, it is presumed that the Standard Possession Order is the minimum amount of time that a child should have with a noncustodial parent. The Texas Standard Possession Order gives the custodial parent signficantly more parenting time (measured by overnights) in a year with the children and less time to the noncustodial parent.
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