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Old 03-06-2014, 03:36 PM
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Alimony questions

Each month I pay above the amount I'm required to pay for Child support and spousal support.

Can I claim this extra as alimony payments for 2013?

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?

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.



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Old 03-07-2014, 01:32 AM
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Originally Posted by hatch789 View Post
#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.



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Old 03-07-2014, 09:29 AM
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OK you pretty much re-iterated what I knew with 1 & 2. Now with #3 I knew this as well but you never answered my question; not really.

So do I claim this money I paid for child care as ALIMONY that I paid to my ex, since I can not claim it as child care expenses?

She in turn increases the amount of reported alimony I gave her. Obviously our numbers need to match.



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Old 03-07-2014, 04:12 PM
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Originally Posted by hatch789 View Post

#1;So do I claim this money I paid for child care as ALIMONY that I paid to my ex, since I can not claim it as child care expenses?

#2;She in turn increases the amount of reported alimony I gave her. Obviously our numbers need to match.
#1;I donot think so; aslongas you overpay your alimony then you can deduct it on your return, I guess you can’t deduct child care exp as your alimonty;asyou know,ONLY amounts that you paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse will be considered alimony for federal tax purposes

#2;I do not think so either; it is not actually alimony. As mentioned above; even if you overpaid alimony too your ex she still needs to report the whole amount on her return and then you can deduct it on yoiur return as alimony exp. Please contact the IR for more info in detail



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