Originally Posted by hatch789
#1;Can I claim this extra as alimony payments for 2013?
#2;Example: I owe 500 per month child support + 300 per month alimony, but I give 1000 per month to my ex.
So am I able to claim 500 per month (1000 paid minus 500 child support) as my full alimony payment to her?
#3;Furthermore I also pay half the daycare expenses and school lunches for the kids. This is above the 1000 in my example above. Am I able to claim those overages as alimony payments to my ex as well?
Nothing in our agreement states I am required to pay these extra things. I do it just to help my ex.
#1;not child support but spousal support can be claimed. You may deduct from income the amount of alimony or separate maintenance you paid, and you must include in income the amount of alimony or separate maintenance you received. If you are the spouse or former spouse who is receiving the alimony, you must report the full amount as income on your Form 1040 Spousal support, alimony, entails tax consequences under federal and statelaws. You, as he spouse, paying alimony may want to claim the payments as a tax deduction. Though some states exactly follow the rules on income reporting and deductions established by the IRS, yourstate may not one of those states. Accordingly, you may benefit from consultation with an attorney or tax accountant who is familiar with both federal and your state rules regarding taxes and alimony. if you are not married or in a common law relationship, you can claim spousal support only if you have lived with your partner for 2 years before the separation and if the claim for support is made within a year after you separated.
#2;your spouse needs to report the overpaid alimony as income on her return.so,I guess you , the payor can deduct the total amount of alimony paid.
#3; The parent who claims the exemption for the child is the only parent who can claim the child tax credit. Even if with the form 8332, non custodial parent can claim child tax credit, he/she can’t claim child and dependent care exp.If you are the custodial parent, you can claim the dependent care credit for the child even if you can’t claim the child’s exemption. If you are the non-custodial parent, you can’t claim the dependent care credit even if you can claim the child’s exemption.the custodial parent can’t claim daycare expenses that were paid by you, noncustodial parent.