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1099 for spousal support?

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og719

Member
Divorced in MS in Nov 2002. I understand that CS is not a tax issue. Settlement does not address tax liabilities regarding spousal support, so I am working on the theory that it's income for her and deductible for me. Do I owe her a Form 1099 for the court ordered amount paid? The support order was dated in June, but the divorce not final until November. Should I deduct the entire amount, or only that portion after the final decree?

Thanks!
 


abezon

Senior Member
You do not need to file a 1099. Your alimony is whatever you paid minus the court ordered child support (limited to the amount the court ordered you to pay. You can deduct the alimony paid in June - Nov if the judge would have thrown you in jail for refusing to pay it. If the alimony was ordered under a temporary support order, deduct it. If you just started paying the agreed-on alimony before you had to, you can't deduct it.
 

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