Is Alimony still alimony if paid through Child support probation

Asked 11 months ago - Mount Laurel, NJ

Is alimony still considered alimony (for IRS purposes) if it's paid through NJ Child support probation? I've been electronically transferring alimony we agreed on in the PSA. Her attorney wants it paid through child support probation. Our divorce PSA agreement strictly states my support is "Limited Duration Support" and is taxable to her and deductible to me and it isn't child support and it ends at either of ours death. It also states that no one pays child support. But does this change anything? Will the IRS give me hell suggesting that it's now child support?

Attorney answers (4)

  1. Jennifer D. Zoschak

    Contributor Level 7

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    Answered . The Probation Department collects both child support and alimony. At the end of the year, they ill give each of you a statement reflecting the actual amount paid, which can be a helpful resource for preparing your taxes. It might also be helpful to you to establish a Probation account, because the date for termination of your alimony obligation is probably contained in your agreement, so probation will know when to stop collecting.

  2. Thomas S. Durst

    Pro

    Contributor Level 14

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    Answered . Both you and the IRS will be governed by the language of your settlement agreement. It does not matter that alimony is paid through the probation department.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
  3. Philip Smith Burnham II

    Pro

    Contributor Level 13

    Answered . The other answers are correct, the probation department in New Jersey collects both child support and alimony. The Internal Revenue Service has very specific rules to determine what is alimony. Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse will be 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 that 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.

    Make sure you review the payments with a tax advisor, but it appears your payments should be alimony and tax deductible.

    Please mark as "Helpful" or "Best Answer" if our advice helped you. I would be happy to follow up with you.... more
  4. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . Yes, the mode of payment is irrelevant.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

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