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when does it become "alimony" for the irs?

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peaceatlast

Junior Member
What is the name of your state?According to the laws in the State of Washington, there is no spousal support or maintenance. My Decree of Dissolution specifically states "no spousal maintenance shall be ordered."

The judge, the attorney and the cpa i use have all stated I do not have to pay federal income tax on the money i receive from my ex. However, when he filed his taxes, he claimed to have paid me alimony/support/maintenance at almost double the amount he actually sent.

Now, I'm dealing with the IRS who, naturally, would like to get their cut of anything.

Monies I receive are listed in the dissolution under the category of OTHER. While it may sound like a lot of money - it's not all that much. I am to receive one half of each of his civil service retirement, his military retirement and a savings plan that matures this April at age 60.

What constitutes alimony or support or maintenance? What do I need to do to protect myself and what little I do receive? Since Washington State doesn't consider this to be alimony, etc. can the IRS change that determination to their liking and then require me to pay taxes on it?

I can't work because of a disability and can ill-afford to pay taxes on funds that were to be his responsibility.

Please help! Any advice or counsel will be greatly welcomed.

Thank you. :confused:
 


Instead of alimony, what you've been awarded is part of his military & civil service retirement, plus savings, as a property award. You are responsible for taxes on the portion of the property (retirement) that you receive. He is able to subtract this as a loss of property income to him. If he is claiming more than you received, take your documentation to the IRS on what you actually received. They'll take care of his fraud. Think of it this way--if you had been awarded a rental property as part of the divorce settlement, you'd be taxed on the income you received from that property. Unless your divorce decree specifies otherwise, you are responsible for the tax on this income.
 
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