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How do I claim my Spousal support as income on my tax return?

Dayton, OH |

My ex husband deposits the money himself and refuses to have the money drawn out by allotment. I have noway to prove that I receive the money. Our divorce was through KY but I now live in Ohio

Attorney Answers 3


  1. Your question is unclear. Do you actually receive the spousal support? What does “drawn out by allotment” mean? My guess is that you mean he deposits the cash to your checking account. You must receive monthly statements from your bank that show these amounts. Why doesn’t that prove you received the money? Just enter those amounts as “Alimony received” on line 11 of your Form 1040 and the IRS will be satisfied.

    DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com


  2. Include the money you receive as Alimony on your Form 1040. How it gets deposited is irrelevant. It is income either way.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.


  3. I agree with the other comments. You don't need to prove you earned the income when you file your taxes. In the unlikely event that you are audited, you may be required to provide documentation to substantiate your income and expenses. However, the IRS is usually more concerned with proof of expenses and qualification for deductions and credits than with proof of income.

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    This response should not be considered legal advice. No attorney-client relationship is formed by this response, which reflects only the opinion of the author. The response should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question and could change if additional facts were made available.