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Old 01-01-2007, 09:13 PM
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Join Date: Jan 2007
Location: Central New Jersey
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Attorney Fees (Court Ordered)

I live in New Jersey. In an attempt to revise the parenting schedule for my son I was ordered by the Judge to pay her attorney fees in the amount of $1200.00. Is this fee considered "ordinary income" and taxable to my ex?

From what I've read, it seems that regardless of whether the check is written to her or directly to her attorney, she is still liable to pay income taxes on the amount.

I would assume that this is not deductable on my taxes. Correct? Thank you for your assistance.
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Old 01-02-2007, 12:45 AM
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Join Date: Aug 2002
Location: Washington
Posts: 3,484
Not deductible by you; not taxable to her. Depending on her financial situation, this was either a penalty the court imposed on you for wasting its time & costing her money, or a form of child support/property settlement. It will not qualify as alimony because the payment was not ordered for the support of your ex pursuant to a divorce or separation agreement. It was ordered pursuant to a child custody modification case.
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