Do I continue to deduct alimony from my taxes until a termination order is issued?

Asked over 1 year ago - Los Angeles, CA

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?

Attorney answers (3)

  1. Samuel R Walker

    Pro

    Contributor Level 10

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    Answered . 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.

  2. Bruce Givner

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    Contributor Level 18

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    Answered . You are entitled to deduct as long as there is a court order.

  3. Phillip Monroe Smith

    Contributor Level 18

    3

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    Answered . 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.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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