Paying support BEFORE court filing

[gordonhelmer]

California. We're been in mediation for a couple of months now but I've already been paying support using our tentative agreement figure even though nothings been filed with the court yet. I heard spousal support is NOT deductible until filed and signed by a judge and is NOT retroactively deductible to payments before court filing. Is this true? Should I be paying support even though we haven't been to court yet? Thank you.

 

[bummer]

I am doing the exact same thing in california. On suggestion of our attorney, I started paying support of $1,700 per month starting November 1st for 42 months. Because we do not have a signed argreement and because we will file our taxes for 08 married jointly, we agreed to reduce the payments to $1,400 for november and december. Even if the divorce is not final well into next year our attorney said as long as the order states spousal support is retroactive the IRS must allow the spousal support deduction

 

[Bali Hai]

California. We're been in mediation for a couple of months now but I've already been paying support using our tentative agreement figure even though nothings been filed with the court yet. I heard spousal support is NOT deductible until filed and signed by a judge and is NOT retroactively deductible to payments before court filing. Is this true? Should I be paying support even though we haven't been to court yet? Thank you.

Q1: Yes.
Q2: No.

 

[LdiJ]

I am doing the exact same thing in california. On suggestion of our attorney, I started paying support of $1,700 per month starting November 1st for 42 months. Because we do not have a signed argreement and because we will file our taxes for 08 married jointly, we agreed to reduce the payments to $1,400 for november and december. Even if the divorce is not final well into next year our attorney said as long as the order states spousal support is retroactive the IRS must allow the spousal support deduction

I agree with this answer.

 

[Bali Hai]

I agree with this answer.

Meaning you don't agree with my answer??

 

[Tayla]

Bali- Your answer was accurate and correct. And shockingly mild this time

If no court order or final divorce is even in play this OP is just tossing money down the drain.

 

[Ohiogal]

Bali- Your answer was accurate and correct. And shockingly mild this time

If no court order or final divorce is even in play this OP is just tossing money down the drain.

Since LD is a tax professional, why are you contradicting her on how the IRS will see this? What exactly is your background?