Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

January 2016 Archives

What are the tax implications of spousal support?

It's that time of the year again when many individuals in New Mexico are looking to file their annual tax returns. However, doing so after a divorce can be complex, particularly if alimony is involved. When divorcing couples in New Mexico decided to include alimony in their final divorce decree, both spouses will not only need to follow the order but also consider alimony payments when it comes to filing for taxes each year.

Determining if alimony will be required in dissolution

When a divorce is finalized, the relationship between the spouses might be over but some couples remain tied through financial obligations. Depending on the circumstance during the marriage and post-divorce, divorcing couples in New Mexico and elsewhere might have to decide whether spousal support is appropriate. However, just because a spouse is requesting alimony during dissolution does not mean the other spouse will be required to make alimony payments. Therefore, when alimony becomes a divorce issue, individuals seeking divorce should take the steps necessary to ensure they are well informed of their rights. Since the laws regarding alimony vary from state to state, seeking legal advice may be of help.

Protecting grandparents' rights during divorce

For many divorcing parents, visitation and custody decisions focus on when each parent will spend time with the child. And while these divorce issues can evolve into rather complex matters, some divorcing parents might encounter visitation issues that do not involve them but rather their own parents. Because divorce can drastically change the relationship a child has with their grandparents, some grandparents have to take steps to protect and enforce their visitation rights.

What requirements must be met to award grandparent visitation?

When children are involved in a divorce, parents in New Mexico often focus on the needs of their children and developing a fair and workable custody arrangement. Divorcing parents often forget that the process might impact other family members. Grandparents often get lost in the shuffle, and in some situations, they could feel isolated and cut off from their grandchildren while their child and their child's ex-spouse work through dissolution. However, if grandparents feel that they no longer have access to their grandchildren, they could pursue visitation or even custody.