Skip to main content

Should a 1099-MISC be issued to ex-wife to pay for educational loan?

Chilhowee, MO |
Filed under: Education law

My ex-wife took out a loan as well as completing the FAFSA based on her income for my son's college education. She has received, from me, money paying for half of the tuition($5900 & $7000 respectively), then she claims the Lifetime Learning Credit or the American Opportunity Credit (can't remember which) as well as deductions for the loan but does not reflect the money I give her. A friend, who is an attorney (not a tax atty) suggested I look into completing a 1099-MISC and send to her. He thinks she's double-dipping. I just need verification before I pursue. Thanks

Attorney Answers 1


  1. One would need to know what court orders still exist concerning spousal or child support. If the money could neither be construed as either, then the 1099 would be proper.

    This answer contains information intended only for the use of the individual or entity named above and may be protected by attorney-client privilege or work product doctorine. However, the mere receipt of this answer, alone, is not sufficient to create an attorney-client relationship. If the reader of this is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this answerer is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this answer. Should the reader have any questions please feel free to contact Attorney Kotler at TBKotler@sbcglobal.net or 330-777-0065 Thank you and please indicate if you found this answer and / or the link(s) helpful.

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics