Gross maintenance for debt..Can it be deducted?

[justinj1981]

What is the name of your state (only U.S. law)? Missouri

I'm currently paying my ex and will be for some time for her credit card debt as per our divorce decree. When filing taxes the last two years I haven't taken an alimony deduction because I was unsure if I could because it isn't technically alimony, it is maintenance. Can I claim this as a tax deduction?

 

[Proserpina]

What is the name of your state (only U.S. law)? Missouri

I'm currently paying my ex and will be for some time for her credit card debt as per our divorce decree. When filing taxes the last two years I haven't taken an alimony deduction because I was unsure if I could because it isn't technically alimony, it is maintenance. Can I claim this as a tax deduction?

It's not maintenance - you're paying off a debt.

 

[justinj1981]

It is a debt, but they called it "Gross Maintenance" in my divorce decree so I could not declare bankruptcy and have it discharged like any other debt.

 

[Bali Hai]

It is a debt, but they called it "Gross Maintenance" in my divorce decree so I could not declare bankruptcy and have it discharged like any other debt.

See how clever the courts are.

You are NOT entitled to an alimony deduction on your tax returns because it is not alimony, maintenance or spousal support that qualifies as a deduction.

Is your wife declaring your payments as income on her tax returns?

I wonder how many more names they will think up instead of calling it what it is, ALIMONY!!

 

[justinj1981]

I'm sure she isn't. The only good thing to come of this is that I was briefed by my attorney atthe time that if she isn't using the payments TOWARDS DEBT, I could sue her to get the money back.

 

[Bali Hai]

I'm sure she isn't. The only good thing to come of this is that I was briefed by my attorney atthe time that if she isn't using the payments TOWARDS DEBT, I could sue her to get the money back.

That would be a great thing if it could actually be done.

What is stopping her from filing bankruptcy and still collecting the "Gross Maintenance" from you?

 

[justinj1981]

her pride.. she won't ruin her credit like that. Plus her parents are loaded and probably paid her debt off that I am currently paying for. Talk about spite.

 

[Bali Hai]

her pride.. she won't ruin her credit like that. Plus her parents are loaded and probably paid her debt off that I am currently paying for. Talk about spite.

There is a saying that goes like this, screw me once shame on you, screw me twice, shame on me.

Don't make the same mistake again.

 

[Antigone*]

See how clever the courts are.

You are NOT entitled to an alimony deduction on your tax returns because it is not alimony, maintenance or spousal support that qualifies as a deduction.

Is your wife declaring your payments as income on her tax returns?

I wonder how many more names they will think up instead of calling it what it is, ALIMONY!!

Bali,

This is not income for the wife to claim, come on. I know you get huffy and upset, but be reasonable. It is not income. It is not alimony either. If the IRS says it is not, then it is not.

 

[Bali Hai]

Bali,

This is not income for the wife to claim, come on. I know you get huffy and upset, but be reasonable. It is not income. It is not alimony either. If the IRS says it is not, then it is not.

I never said the wife should be claiming the payments as income. I merely asked a question so don't roll your Greek eyes at me!!

 

[cyjeff]

Actually, the reduction of debt paid by another may be seen as income. She is receiving funds to lower obligation... same as if he was paying her rent.

the ex should really seek the services of a qualified tax accountant.

 

[Proserpina]

I never said the wife should be claiming the payments as income. I merely asked a question so don't roll your Greek eyes at me!!

Well which eyes should she roll at you?!

 

[Antigone*]

I never said the wife should be claiming the payments as income. I merely asked a question so don't roll your Greek eyes at me!!

Bali,

I just love it when you get test with me. It is much better than flirting