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I live in California. My ex husband had to pay me 500 hours…

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I live in California. My...
I live in California. My ex husband had to pay me 500 hours of his vacation pay per the divorce. When I I received the check it was only half the amount due to taxes being taken out on his end. Does he owe me the entire 500 with out taxes or do I get to claim the taxes taken out when I file next year. Thank you holly
Submitted: 9 months ago.Category: Tax
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Answered in 16 minutes by:
11/23/2017
Tax Professional: emc011075, Tax adviser replied 9 months ago
emc011075
emc011075, Tax adviser
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Satisfied Customers: 3,989
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Hi. My name is ***** ***** I will be happy to help you.

It depends how it is stated in your divorce papers. If it is not alimony than you will be what he would have received (after taxes) for the 500 hours of his vacation pay. Because this is his payroll, there were social security, Medicare and maybe income tax (federal and state) withheld. You cannot claim a deduction for social security or Medicare tax. The amount will also be included in somebody's income. If you are going to claim it as income than you can claim the deduction for federal and local taxes withheld. But if it is going to be included in his income (on his W2) than he gets to claim deduction for income taxes withheld.

Lump sum vacation pay is generally taxed at 25% federal + state. But until he files his 2017 return next year there's no way to figure out how much will be the actual income tax on that amount. It could be more than 25% or it could be less, depending on his total income, deductions and at this point if the congress passes a new tax legislation or not.

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Tax Professional: emc011075, Tax adviser replied 9 months ago

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