Divorce Stipulation Agreement in NY

[LdiJ]

Originally Posted by quentin1000

Quite a lively discussion and at times confusing, especially as it relates to the IRS rules etc.

You folks just gave me an idea and something i haven't thought about: how about this:

1. can i only pay alimony to my wife for until my kid is 21 instead of child support? would the court go with that? or do i in all cases have to pay child support, period? again, i live in New York, in case there are significant differences among states etc.

of course i get tax deduction and my wife gets a larger payment from me. she makes money this way because she is in a lower tax bracket than i am.

thx!

There is almost no chance whatsoever that a family court judge would go along with that, and the IRS would ABSOLUTELY disallow the deduction.

The IRS will disallow any deduction for alimony that looks like it is really a property settlement or child support. Any alimony that ends when child support would normally end would automatically be classified by the IRS as child support and therefore not deductible.

On top of that, no one here is going to advocate that you attempt to cheat the system. I have already told you that her agreeing to divide the property inequitably and her agreeing to lower child support may not fly.

Don't confuse my debate with Misto to state that you can cheat the system. I only suggested that you might want to may her alimony rather than paying higher child support, and that is only if it flies with the judge.