- 12 - The purpose of the Federal tax treatment of alimony is to relieve the payor of the burden of paying tax on the income which is transferred to the payee spouse as alimony and to impose that burden on the spouse receiving the alimony. In addition to transferring the tax burden, overall tax savings generally result because the payor spouse is usually taxed at a higher rate than the payee. See Staff of Joint Comm. on Taxation, General Explanation of the Revenue Provisions of the Deficit Reduction Act of 1984, at 714 (J. Comm. Print 1985). The same principles are recognized and followed by the courts of Pennsylvania. See Pa. R. Civ. P. 1910.16-5(f). Respondent argues that Pa. R. Civ. P. 1910.16-5(f) also makes it clear that the grids already take into account the Federal tax consequences of support payments. We agree with respondent. Although an order awarding both spousal and child support may either be allocated or unallocated, the grids assume that such an order will be unallocated. See Pa. R. Civ. P. 1910.16- 5(f). Therefore, if an order is to be allocated, instead of the grids "the formula set forth in Rule 1910.16-3(a) shall be utilized to determine the amount of support allocable to the spouse", making adjustments for the Federal income tax consequences of an allocated order. Pa. R. Civ. P. 1910.16-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011