Spousal Support Payments Can Be Tax Deductible
continued
At no time can any of the payments for support set forth in a divorce or a Separation Agreement be payable for the support of a child of a payee spouse and also be deductible by the payor under the Internal Revenue Code. Any such payments will be treated as child support of the payor spouse if the obligation to make a payment is reduced on the happening of a contingency related to a child or at a time that is clearly associated with such event occurring. Possible events that can occur to defeat the deductibility of a payment and cause it to be classified as child support involve the child’s attaining a specific age or income level, the death of the child, the marriage of the child, the child terminating school, or leaving the spouse’s residence, or becoming gainfully employed.
This article was contributed by James H. Allison, Attorney at Law, 7737 Olentangy River Road, Worthington, OH 43235, jha@iwaynet.net
(614) 848-6500
Other Related Articles:Child Custody Basics – Rights, Residency, and Relationship
The Hidden Effects of Divorce On Children
Article Archives
