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Effects of New Tax Law on Spousal Support

Spousal Support

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Calculating spousal support in WA state has never been easy. We do not have a formula, it is discretionary and based on one parties established “need” and the others “ability to pay”. The duration and amount depends on statutory factors such as; length of marriage, the real employment possibilities of the receiver, manner/style of living, …. But now we have new wrinkle, a new federal tax law that no longer allows a deduction for the payor, and no longer are there tax implications for the receiver. The change I have seen in my practice is that the “1-3” guideline is no longer used (One year of support for every three years of marriage). Decision makers such as Judges, arbitrators, and mediators, are moving towards a “1-4” guideline because paying support is now more expensive and the receiver no longer has to claim it as income for tax purposes.

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Tamblyn Law is a family services law firm helping our clients navigate legal issues in family law, debt resolution and estate planning. Additionally we provide mediation services and often help our client’s avoid the legal system with comprehensive and lasting solutions. We are small firm dedicated to giving our clients the individualized care and attention they deserve.

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