My ex-wife re-married in November 2012. There is currently an Income Withholding Order in place and alimony continues to be sent to her. A court date has been set for late March 2013. I have requested the alimony be terminated and that she refund the overpayment of alimony monies. (Dec 12 - Mar 13).
Can I claim the alimony deduction for the whole year of 2012, until the termination order is issued, or do I only claim alimony payments made through November 2012?
Criminal Defense Attorney
You can claim the deduction lawfully because you actually paid it and add that to your income in 2013. This would be the best approach.
You can claim the entire deduction because you paid it in 2012. If the termination order issued retroactively, you may have to include the refunded payments on your 2013 tax return.
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