Alimony

Is there a minimum payment period for Alimony?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

No. There is no minimum payment period. Recapture of alimony amounts may apply where payments decrease by more than $15,000 within the first three years of the divorce.
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Alimony

Is there a tax problem if I do not pay her Alimony in the third year after our divorce?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

The deductible alimony payments made in the first year or second year may have to be recaptured as income in the third year where the alimony payments within the first 3 years decrease by more than $15,000. Payments made in the second after the separation year are recaptured if the payments exceed the payments in the third post separation year by more than $15,000. Payments made in the first after the separation year are recaptured as income if they exceed the "average" payments made in the second post separation year and the third post separation year by more than $15,000. The recaptured amount is reported on IRS Form 1040 on the line Alimony received with a notation Alimony recapture with the payee spouse’s social security number.
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Alimony

Alimony and Child support - Partial payment

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

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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Alimony

What is an Alimony Trust?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

An Alimony trust is a formal trust arrangement where the beneficiary of the trust is the ex-spouse entitled to alimony payments.
The settler or person who contributes property to the trust is the ex-spouse obligated to make the alimony payments.
The taxpayer may establish a post death "testamentary" trust or a living "inter vivos" trust to provide for the alimony payments required by a divorce decree or an agreement between the parties.
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Divorce - Dependents

Child as a dependent - living with divorced spouse

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

There are many factors to clarify before you claim your child as a dependent. Generally a special rule favoring the custodial parent applies where divorced or separated parents together, provide more than half the child's support.
The custodial parent will meet the dependency support test even if she did not pay half the child's support.
The parents may arrange for the non-custodial parent to claim the child if IRS Form 8332 is signed by the custodial parent and supplied with the non-custodial parents tax return.
Form 8332 is a waiver of claiming the exemption and the exemption waiver can be used for that year only or for future years as well. Speak to your local CPA about the other criteria in claiming the child and about Form 8332.
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Divorce - Dependents

Child's medical expenses - child lives with divorced wife

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

A noncustodial parent does not lose the right to claim the child's medical expenses (health insurance, drs, dentists prescription drugs etc.) as an itemized deduction on IRS Schedule A (subject to the 10% or 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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Deceased Taxpayers

Are funeral expenses deductible on my personal income tax return?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

NO. Funeral expenses, including the funeral, burial or cremation costs, are deductible on the decedent's federal estate tax return, Form 706.
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Deceased Taxpayers

I am filing as a qualifying widow with a dependent child, What is the gross income amount to determine if I must file a tax return?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

For the current year, If your filing status is qualifying widow with a dependent child and you are under 65 then your gross income must be at least $16,100. If you are 65 or older than your gross income must be at least $17,320. Gross income does not include social security benefits.
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Taxes - My Tax Return

How do I file my current year’s tax return if my spouse passed away during the year?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

You should file a "joint" tax return and include the deceased income earned and applicable deductions prior to your spouse's death. A joint return is filed by you and the executor or administrator. Do not include income earned after the date of death. This income is considered "income in respect of a decedent" and is taxed to the Estate or beneficiary receiving the income in the year of the receipt. The income must be reported by the Estate (if more than $600) on Form 1041. Speak to your local CPA about the personal and Estate tax returns that you need to file.
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Innocent Spouse Relief

How can I claim Innocent Spouse Relief?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

You must file Form 8857 to claim innocent spouse relief. This must be filed within two years from the date the IRS collection division advised you of a tax liability for the joint return filed by you and your former spouse.
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