Memo
to
file
To:
File
From:
Paul
Panther
Client:
Ben
Subject:
Divorce
decree
Facts
“Ben
and
Jennifer
were
divorced
two
years
ago
and
the
decree
stated
that
Ben
was
to
make
monthly
payments
to
Jen.
The
court
designated
$500
a
month
as
alimony
and
$600
per
month
as
child
support.
Ben
was
unemployed
for
a
quarter
of
the
year
and
paid
Jen
$
9,900
during
the
time
he
was
employed.
He
said
$5,400
was
for
child
support
and
$4,500
was
alimony.
In
addition,
Ben
transferred
home
theatre
equipment
to
Jen
with
a
FMW
of
$
3,300
and
a
basis
of
$6,000
in
exchange
for
her
promise
not
to
pursue
any
claim
against
him
for
unpaid
child
support
and
alimony.
During
his
three
months
of
unemployment
Ben
collected
$3,000
of
unemployment
benefits.
He
earned
$72,000
in
salary
for
the
nine-‐month
period
of
employment.”
Issue
and
Conclusion
Can
Jennifer
accept
the
home
theatre
equipment
as
payment
for
the
unpaid
child
support
and
alimony?
Yes,
if
she
agrees
with
the
method
of
payment
then
it
is
possible.
Analysis
of
conclusion
A
former
spouse
can
agree
to
receive
property
as
a
form
of
alimony
payment
over
a
written
agreement
of
promise.
If
Jennifer
is
comfortable
with
the
offer
and
does
not
plan
to
pursue
any
claim,
she
can
use
the
written
agreement
as
proof
to
the
IRS
the
method
of
payment.
Issue
and
conclusion
What
if
Jennifer
were
to
disagree
with
that
offer
and
decided
that
Ben
made
more
than
enough
money
over
the
year
to
give
her
the
remaining
unpaid
child
support
and
alimony.
Would
it
be
possible
to
pursue
any
claim
against
him?
Yes,
because
his
income
is
above
the
threshold
and
being
unemployed
for
3
months
does
not
give
him
the
right
to
not
pay.
Analysis
of
conclusion
Alimony
is
calculated
based
on
the
spouse
ability
to
pay
and
the
need
of
the
depending
spouse.
Since
Ben
made
$72,000
in
salary
for
that
year,
he
therefore
qualify
to
pay
the
unpaid
amount.
Issue
and
conclusion
Can
Ben
decided
what
portion
of
the
money
is
child
support
and
what
is
alimony?
No
Analysis
of
conclusion
If
payment
are
required
for
both
alimony
and
child
support
by
the
court
decree,
then
payments
are
first
applied
to
child
support
and
the
remaining
is
alimony.
The
law
says
that
when
a
minor
child
is
involve
in
a
divorce,
the
need
of
the
child
come
first
over
all
else.
Therefore
Ben
did
not
have
the
authority
to
decide
what
portion
of
the
money
goes
to
what.
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