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Divorce & Marriage Issues

Social Security - Ex-Spouse Benefits

Asked Friday, December 29, 2000 by an anonymous user
Social Security benefit records do not have the ability to name specific beneficiaries. The Social Security Act specifies which family members can receive benefits on your record when you retire, die or become disabled.
The social security administration cannot pay benefits to people who do not meet the requirements of the law, nor can they refuse to pay benefits to people who do meet those requirements. This is true even if you ask the social security administration not to.
Any payments made to your former spouse based on your record will not affect the amounts that can be paid to a subsequent spouse or your children.
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Estate Tax

Allowable credits against the net taxable estate

Asked Monday, December 18, 2000 by an anonymous user
Once the net taxable estate is calculated then the Unified credit, prior transfer credit, state death tax credit and foreign tax paid credit may be used if applicable.
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Estate Tax

Deductions against the gross estate

Asked Monday, December 18, 2000 by an anonymous user
Examples of allowed deductions are funeral and administrative expenses, Debts of the decedent, marital deduction, charitable deductions and life insurance payable to an executor or estate. The gross estate minus theses deductions yields the net taxable estate.
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Estate Tax

Gross Estate

Asked Monday, December 18, 2000 by an anonymous user
The gross estate includes all property in which the decedent had a interest including real property located outside of the US. It also includes Assets at their fair market value at the date of death.
It includes transfers in contemplation of death, transfers with life interest retained, transfers that are not irrevokable. Annuities, property subject to general powers of appointment. Life insurance payable to executor or estate.
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Estate Tax

Estate Tax - Federal Exemption

Asked Monday, December 18, 2000 by an anonymous user
For 2013 the Federal exemption from estate taxes is $5,250,000.
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Divorce & Marriage Issues

Are payments from my husband considered alimony ?

Asked Friday, December 15, 2000 by an anonymous user
Generally, the wording in the divorce or separation decree identifies the payments as Alimony or something other than Alimony, such as child support.
Alimony is income to the recipient and an adjustment to income for the payer.
Generally, for payments to be considered alimony, seven characteristics should be present. The payments are in cash or check. The payment must be paid under a divorce decree or separation instrument. The divorce decree or separation agreement cannot designate the payment as a payment which is not deductible by the payer or includable in gross income by the recipient. The recipient and the payer must not be members of the same household. The payments must not be treated as child support. The taxpayer and spouse may not file a joint return with each other. There must not be a liability to make any payment for any period after the death of the spouse.
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Divorce & Marriage Issues

Form 8332 - Claiming children for a Noncustodial parent

Asked Friday, December 15, 2000 by an anonymous user
A noncustodial parent may claim his or her child(ren) on his or her tax return if the custodial spouse signs IRS Form 8332.
It is the Release of Claim to Exemption for Child of Divorced or Separated Parents. The signed Form 8332 must be attached to the noncustodial tax return each year.
A noncustodial parent can ask the custodial parent to sign Form 8332 Part I which is a release of Claim to Exemption for future years.
If this part is signed then the noncustodial parent may photocopy this form each year and attach it to the tax return.
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Divorce & Marriage Issues

Child's medical expenses - child lives with divorced spouse

Asked Friday, December 15, 2000 by an anonymous user
A noncustodial parent does not lose the right to claim the child's medical expenses (health insurance, drs, dentists prescription drugs etc) as a itemized deduction on IRS Schedule A (subject to the 7.5% AGI limitation) if both the custodial and noncustodial parent together provide more than half of the support of the child and either had custody for at least six months during the year.
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Divorce & Marriage Issues

Alimony and Child Support - Partial payment

Asked Friday, December 15, 2000 by an anonymous user
When both alimony and child support are made together in a monthly payment, it is presumed that child support is paid first.
If your husband did not pay the full amount in a month or many months, then you need to pick up as income the difference over the child support amount for that month as alimony and income on your tax return.
It is reported on IRS Form 1040, page 1.
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