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Merlo
Merlo, Accountant
Category: Tax
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My ex was paying the lease payment on my van, was paying for

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My ex was paying the lease payment on my van, was paying for the insurance on it, and was paying for the EZ pass I was using. Is this considered spousal support, and could he make me pay taxes on it?
Submitted: 4 years ago.
Category: Tax
Expert:  Merlo replied 4 years ago.

Hello JA Customer,

 

Were these payments he made ordered by the court?

 

 

Customer: replied 4 years ago.
yes, as part of a child support stipulation.
Expert:  Merlo replied 4 years ago.

Hello again JA Customer,

 

Child support payments are not taxable income to you. But I do not see how lease payments on your van and insurance for the van or EZ pass fees are connected to child support.

 

If your divorce decree specifically states that these are part of child support payments then this would not be taxable income to you. However if this is part of spousal support he was ordered to pay, then it is considered alimony and you would be liable for taxes on those amounts.

 

 

Thank you JA Customer

 

 

Customer: replied 4 years ago.
The child support stipulation states nothing about spousal support. The van lease payment, ins. payment, and EZ pass payment were all part of child support because the van was HIS van, and I used it to drive the hour and 1/2 to transfer the kids to him a few times a week because he refused to drive that far. I just want to make sure that he could not bring this up in our next hearing, saying that he's been paying spousal support, when nothing in the stipulation says "spousal" - it's all "child" support. Can you just confirm this with me?
Expert:  Merlo replied 4 years ago.

Hello again JA Customer,

 

If the payments he is making on the van lease, insurance and EZ pass are all part of designated child support, then he cannot claim this as spousal support and you are not liable for tax on these payments.

 

The IRS regulations state:

A payment that is specifically designated as child support or treated as specifically designated as child support under your divorce or separation instrument is not alimony. The amount of child support may vary over time. Child support payments are not deductible by the payer and are not taxable to the payee.

 

 

Thank you JA Customer

 

 

 

Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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