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Lev
Lev, Tax Advisor
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how do i know if my ex is giving me the correct amount of

Customer Question

how do i know if my ex is giving me the correct amount of alimony?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

In order to be treated as deductible alimony, payments made from you to your spouse (or ex-spouse) must meet all of the following requirements:

  • The payments must be in cash, check, or money order.
  • The payments must be received by or on behalf of your spouse under a divorce or separation document (including a final decree, a temporary court order, or a written separation agreement between the two of you). Payments you make to third parties on behalf of your spouse, such as for your spouse's medical expenses, housing costs, taxes, tuition, etc., can qualify.
  • You and your spouse must not opt out of alimony treatment by stating in the divorce decree that the payments aren't to be considered alimony for federal income tax purposes.
  • If you and your spouse have received a final decree of divorce or decree of separate maintenance, you may not be living in the same household when the payment is made. If the payment was made under temporary orders and the decree is not yet final, it is okay to be living in the same home.
  • The payer's obligation to make payments must end when the recipient dies, and there must be no liability to make any payment in cash or property as a substitute after the death.
  • You and your spouse may not file a joint tax return with each other for the year.
  • If any portion of the payment is considered by the IRS to be child support, that portion can't be treated as alimony.

See for reference the IRS publication 504 - http://www.irs.gov/pub/irs-pdf/p504.pdf

 

The amount of alimony should be clearly identified in the divorce degree or separation agreement. If the amount of alimony depends on some circumstances - the divorce degree shroud clearly states how the amount should be determined and verified.

The amount of alimony is taxable income for recipient and deductible (as adjustment to the income) for payer.

 

Please let me know if you need amy help this matter.

 

Customer: replied 5 years ago.
I am divorced and have been receiving alimony for 2 years now. My Ex is a CPA and always cheats on his taxes and I just found out that he cheated me out of $10k on his bonus in 2007. If he can manipulate everyone and everything then how do I do if he is pulling the right deductions from his paycheck before I get my share of his pay?

He claims this year he got a 5% pay cut which can very well be true in this economy, but how can I get this proved?
Expert:  Lev replied 5 years ago.

If your alimony is based on your ex-spouse wages - the divorce degree should have a provision that allows you to verify that amount.

For instance - the divorce degree may specify that your husband is required to provide you with copies of his tax return, pay stubs, W2 forms etc.

 

If you have reasonable suspicious that he is cheating on the alimony payments - you may go back to the could and ask for modifications - so you will gain a control over the alimony determination.

 

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