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

Asked over 1 year ago - Chilhowee, MO

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. Todd Bruce Kotler

    Contributor Level 16

    Answered . 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.

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