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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13151
Experience:  15years with H & R Block. Divisional leader, Instructor
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I would like to volunteer to extend my ex-wifes alimony payments

Resolved Question:

I would like to volunteer to extend my ex-wifes alimony payments so that she can make payments on a car she bought and cannot afford. I want to be able to claim this on my tax return. I do not want this to become something that if a situation arose and I had to stop paying, I would be breaking a court order. What I am trying to find out is how can I continue a payment to her and be able to claim it on my taxes.
Submitted: 5 years ago.
Category: Tax
Expert:  Robin D. replied 5 years ago.

Hello and thank you for using Just Answer.

Alimony payments you make under a divorce or separation instrument are deductible if certain requirements are met. Any payments not required by such a decree or agreement do not qualify as deductible alimony payments. If you make any payments that are not in the agreement then they are not allowed as a deduction.

I sincerely XXXXX XXXXX is useful,

Customer: replied 5 years ago.

I already knew that payments not decree'd by the court would not be deductable, my question actually was meant to find out what was availabe under a court decree that would make the payments both legally deductable and also include some kind of release mechanism in the event I cannot continue to make these payments. This is not something I have to do, it is something I want to do for her provided I continue to have the means. I am worried that, should a court decree the payments, I will be "forced" by law to continue to make 72 payments to her of 200 dollars each.

Expert:  Robin D. replied 5 years ago.




The only payments that would be deductible would be alimony. If they are not in the decree then you cannot deduct them. There is no other payment that is in a decree that will be deductible.

If you wish to give your ex the money then that is something you will need to decide, with your lawyer. Your concern is valid. If the decree states you are to pay alimony then you will be bound by the order. Payments to your ex are only deductible if they are alimony.

If your lawyer can get the decree to state that you will pay for a certain length of time then that would cover you but again, you would be obligated.

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