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January 21, 2023
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My wife and I are in the process of divorce. I'm currently paying her temporary court ordered alimony and child support. Is this considered income for her?

  • January 21, 2023
  • 3 replies
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3 replies

xmasbaby0Answer
Employee
January 21, 2023
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
bluedeb
Employee
January 21, 2023

Child support payments are neither deductible by the payer nor taxable to the recipient.

 

Under divorce or separation instruments executed on or before December 31, 2018, alimony payments are deductible by the payer and taxable to the recipient Alimony she receives is considered taxable income..

February 6, 2023

My husband and I are in the process of getting a divorce.  The divorce has not been finalized as of 12/31/22.  I received the equivalent of alimony in 2022.  This was an understanding with no signed written agreement yet.  Do I report this as income on my New York State tax return for 2022 and if so, where?  Thank you.

DaveF1006
February 6, 2023

It depends on the conditions outlined by IRS  Topic 452.  If this was made under a separation or divorce agreement, then it is reported on the return.  The steps will be outlined at the bottom of this page. 

 

If the payment was voluntary, then it is not reported as income nor deductible as a alimony payment. If reportable:

 

  1. Go to federal>wages and income
  2. Less Common income
  3. Alimony Received

 

 

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