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Lev
Lev, Tax Advisor
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My husband and I are in the process of divorcing. I will receive

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My husband and I are in the process of divorcing. I will receive alimony of about $8500 per month. I am considering moving back to Belgium (my home country)from CA . I have dual citizenship (USA/Belgium). My ex is working in CA. Belgium has high taxes. How can I do so that my taxes aren't too high. I will also get child benefit which i believe my husband will pay taxes on here in CA.
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

Lev :

Hi and welcome to our site!
You are correct - child support is NOT deductible for the payer and is not taxable for the recipient.
However - alimony woudl be treated differently - it is deductible for for the payer and taxable for the payee.
When your spouse will deduct alimony on his tax return - he will be required to provide your name and SSN - so the IRS would expect to see this alimony reported on your tax return.
Because you are US citizen - you are required to report all your worldwide income and file the US tax return.

Lev :

You might be aware that there is a tax treaty in effect between the US and Belgium - http://www.irs.gov/pub/irs-trty/belgium.pdf
Specifically for alimony - see page 19:- ARTICLE 18
(2) Alimony and annuities paid to an individual who is a resident of one of the Contracting States
shall be taxable only in that Contracting State.
Thus - if you will become a resident of Belgium - your alimony will NOT be taxed in the US - but will be taxed in Belgium.
See page 9
(2) Where by reason of the provisions of paragraph (1) an individual is a resident of both
Contracting States:
(a) He shall be deemed to be a resident of that Contracting State in which he maintains
his permanent home.

Lev :

While maximum Belgium tax rates are a little higher compare with the US - because you will move out of the US - and will not be longer a resident of California - your income will NOT be subject of CA income tax. So your overall income tax liability should not be very different.

Customer:

So if I get $2500 child support that will be paid in full and not taxed so its just the remainder that will be taxed right? Also there is no way to have some of it paid under the table.

Customer:

oh great thanks

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 23251
Experience: Taxes, Immigration, Labor Relations
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Taxes, Immigration, Labor Relations