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Section 71(b)(1)(c) deals with the deductibility of maintenance payments. It does not in any way prevent the payments from being awarded.
If he deducts the payments, then they are income to you. You actually do not want him to deduct the payments, since you will have to report them as income.
Section 71 actually helps you.
There are ways to get around section 71, but most people do not bother. They just make the payments and do not deduct them.
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