Spousal support and the IRS

Two questions:

Does anyone know when the IRS considers spousal support deductible by the one paying and taxable by the one receiving? I understand that is the way it is after the divorce is final, but what about support payments paid while separated during the divorce process?

Also, does anyone know what the IRS requires if the support amount is modified in order to accept the new amount on tax returns? Does it take a court order? Or can both parties agree in writing to the new amount (I'm thinking notarized letter or something similar in writing)?

I hope I'm not the only one that's had these questions; meaning that somebody out there has the answers!

Thanks.

by jhs 555 Posts
Posted on 10/25/2008 11:27 PM

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Tags: spousal support , alimony , irs

Answers for "Spousal support and the IRS" (2) (You must be logged in to answer)

google IRS publication 504

and any modification to the support must be in the form of a court order to be valid for tax purposes.

by spaznskitz 7745 Posts
Posted on 10/26/2008 12:25 AM

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I managed to get my alimony tax free to me. While I can't specifically answer your questions I can tell you where to go. Get online to the Irs and look up alimony or spousal support. In fact I think you can do an online search and find it there too.
I do remember reading something about that but it didn't pertain to what I was trying to do. It's pretty easy to read and understand. You can also call them if you feel like being on the phone for an hour.
Also you can go to whoever does your taxes and and they can tell you. Or your atty. if you are using one.

by trisha9054 4967 Posts
Posted on 10/26/2008 12:18 AM

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