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alimony and taxes

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no$$4us

Member
What is the name of your state?NC
My ex is claiming he paid me alimony on his taxes. He was supposed to pay rehabilitative alimony years ago but never did.
When CS found him years later they combined the entire court ordered child support and alimony into one debt.
He has never sent me any alimony seperately from Child support. He decided to just claim he did to IRS.
Am I responsible for anything?
 


nextwife

Senior Member
WEll, did an amount paid to CS encompase funds due for alimony as well as CS? Or was the amount paid only enough to cover the CS portion?
 

stealth2

Under the Radar Member
no$$4us said:
When CS found him years later they combined the entire court ordered child support and alimony into one debt.
If he did, in fact, pay the ordered amount of alimony - regardless of HOW he paid it (i.e. as a lump sum along with CS), then you had to declare that amount to the IRS as income. He could properly deduct it from his on his taxes.
 

no$$4us

Member
alimony

He did not send me anything stating alimony. He also did not let me know he was claiming alimony on taxes. I found this information on his taxes that he recently submitted to the courts for a custody hearing.
The total arrears was listed in the modification as $52,000. Modification order did not state that it encompasses both child support and alimony.
But I know that was the total owed for both debts.
Child support debt is always covered first and then alimony in collecting arrears according to CS.
It appears that he just decided to claim a portion of the arrears as alimony to the IRS.
Now-- the case was transferred from Florida to NC. The arrears document again is only stating a total arrears amount due. There is nothing stated in the documents that say any amount is for alimony.
I don't think he will ever be able to show IRS that he ever paid alimony or that he ever will pay alimony.
I am planning on modifying the case in the future and when I do,the case will transfer to his state for enforcement and again the debt will follow with no seperation or notation of child support and alimony.
I also thought that rehabilitative alimony was not taxable. Not sure though.
 

Gracie3787

Senior Member
The only way that you can be sure is by finding out EXACTLY how the payment was credited.

If the payment was made while case was still in Fl. or if payment was made thru FLSDU (disbursement unit in Tallahassee) then CSE has a record of how it was credited.

If they won't help, then you can get a payment history from the CS/Civil Court Clerk's office.
BE SURE TO ASK FOR PAYMENTS AND ASSESSMENTS, you can get a record of all payments etc since beginning of order.

Whatever amount that they credited alimony you will have to claim on taxes.
However, I, like you, was told by CSE that ON-GOING CS is always credited before arrears, so if there is CS arrears, the payment probably went to that. But like I said, the only way to be sure is to check.

Good luck.
Gracie
 

Whyte Noise

Senior Member
Actually no$$4us, alimony is to be claimed by the person receiving it as income, and be reported as a deduction by the person paying it.

So, you also have to claim it as income.

You need to find out how much of what he's paying is considered alimony first though. Then, you may have to file ammended tax returns for previous years.
 

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