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I am a citizen of the USA living in Germany, my ex-wife

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Hi! I am a...

Hi! I am a citizen of the USA living in Germany, my ex-wife lives in the USA as well as 2 kids - 19 and 16 yo. I am interested whether I can get tax deduction for the alimony and child support that I pay?

Accountant's Assistant: Thanks. Can you give me any more details about your issue?

In the USA I would receive tax deduction for the total sum of the alimony and child support. But what if I am living in Germany? Will I have deduction for the total sum of the alimony+childs support or for some part of it only?

Submitted: 2 years ago.Category: Tax
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1/23/2016
Tax Professional: Barbara, Enrolled Agent replied 2 years ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,636
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

Child support is not deductible.

Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse are considered alimony for federal tax purposes if:

  • You and your spouse or former spouse do not file a joint return with each other
  • You pay in cash (including checks or money orders)
  • The payment is received by (or on behalf of) your spouse or former spouse
  • The divorce or separate maintenance decree or written separation agreement does not say the payment is not alimony
  • If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment
  • You have no liability to make the payment (in cash or property) after the death of your spouse or former spouse, and
  • Your payment is not treated as child support or a property settlement

The following link contains additional information you will find helpful:

https://www.irs.gov/taxtopics/tc452.html

Please let me know if you have any other questions or concerns. If so, please come back to me here, and I will assist you further. If not, please take a moment to rate my answer since that is the only way I receive credit for answering you and alerts Just Answer to compensate me for a portion of the fee you previously paid.

Thank you and best regards,

Barb

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Tax Professional: Barbara, Enrolled Agent replied 2 years ago

Just following up with you to see if I can assist you further. If so, please let me know.

Best regards,

Barb

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