alimony

itsybitsyspider · Post by **itsybitsyspider** » Tue Mar 06, 2012 3:52 pm

ok now it gets interesting, I have no separation agreement yet with my ex, he's been paying support for the kids and a little for me and I have claimed that on my canadian taxes as income as I most likely should...but when I go to do the US taxes I find this:

Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include voluntary payments that are not made under a divorce or separation instrument.

Alimony is deductible by the payer and must be included in the spouse's or former spouse's income. Although this discussion is generally written for the payer of the alimony, the recipient can use the information to determine whether an amount received is alimony.

To be alimony, a payment must meet certain requirements. Different requirements generally apply to payments under instruments executed after 1984 and to payments under instruments executed before 1985. The requirements that apply to payments under post-1984 instruments are discussed later.

I take it this means I have no income at all......so a bunch of zeros?

nelsona · Post by **nelsona** » Tue Mar 06, 2012 5:04 pm

Yes. He doesn't get to deduct the support he pays to you, and you don't include it on your US tax return.

itsybitsyspider · Post by **itsybitsyspider** » Tue Mar 06, 2012 5:41 pm

Ok thanks, he is a nonresident alien...he files no US return, never has since he is not a US citizen and never resided in the US. Man thats a lot of zeros! :D btw I think he plans on claiming what he paid on his Canadian taxes...so I expect him to ask me to declare it too...which I suppose I can agree to because he has been paying me but like I said no written agreement.