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  #8  
Old 02-02-2009, 10:29 PM
Alan
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Default Re: alimony question

Seth wrote:
- quote -

> In article <gm06n5$sdj$11[at]snarked.org> ,
> D. Stussy <replies[at]newsgroups.kd6lvw.ampr.org> wrote:
> > No. Alimony stops upon remarriage, and since she married you, his
> > obligation stopped [forever].

> Doesn't that depend on the wording of the court order? If it says
> "payment while not married" then presumably it would continue/restart
> after divorce (which still doesn't apply here).
> Seth

Only the death of the recipient spouse stops alimony
automatically. Alimony to a former spouse will continue after
the former spouse remarries as long as the divorce decree does
not say it stops upon remarriage. I have never seen a decree
that failed to have that clause.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 02-02-2009, 10:14 PM
Lanny Williams
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Default Re: alimony question

Seth wrote:
- quote -

> In article <gm06n5$sdj$11[at]snarked.org> ,
> D. Stussy <replies[at]newsgroups.kd6lvw.ampr.org> wrote:
> > No. Alimony stops upon remarriage, and since she married you, his
> > obligation stopped [forever].

> Doesn't that depend on the wording of the court order? If it says
> "payment while not married" then presumably it would continue/restart
> after divorce (which still doesn't apply here).
> Seth


Isn't this one of the characteristics of alimony? If payment doesn't
stop on remarriage, the payments are considered to be a property settlement.

Lanny K Williams, CPA
Nawarat, Williams & Co., Ltd.
Income Tax Services for Expatriate Americans

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 02-02-2009, 08:46 PM
Seth
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Default Re: alimony question

In article <gm06n5$sdj$11[at]snarked.org> ,
D. Stussy <replies[at]newsgroups.kd6lvw.ampr.org> wrote:

- quote -

> No. Alimony stops upon remarriage, and since she married you, his
> obligation stopped [forever].


Doesn't that depend on the wording of the court order? If it says
"payment while not married" then presumably it would continue/restart
after divorce (which still doesn't apply here).

Seth

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 01-31-2009, 07:12 PM
Stuart A. Bronstein
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Default Re: alimony question

"removeps-groups[at]yahoo.com" <removeps-groups[at]yahoo.com> wrote:
- quote -

> kam...[at]panix.com (Arthur Kamlet) wrote:
> > Otherwise file as MFS.

> Why not Single? If legally separated, it should be possible to
> file as Single, and will most often be better than MFS. So the
> question is whether the separation is court ordered (legal) or
> informal.


Depends on what you mean by "legally separated." At least in CA the
phrase means a court order equivalent to a divorce for people who
(generally for religious reasons) don't want an actual "divorce."

Simply being separated with a divorce pending is not considered
"legally separated" for this purpose.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 01-30-2009, 11:44 PM
D. Stussy
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Default Re: alimony question

<jdoe280[at]gmail.com> wrote in message
news:fcfd3914-736a-4540-befb-def78c3cb2b5[at]p2g2000prf.googlegroups.com...
- quote -

> Hi forks,
> Me and my wife are seperated during year 2008, and we have one kid,
> who is from her ex-marriage. Right now that kid is living with her. My
> wife's ex-husband heard about our separation, and gave her some money
> for her to use. ( total about $15K).
> Now it is tax season, I was told days ago that her ex is going to
> file his tax form and is going to put that part of money as alimony.
> So my questions are
> 1. Can he file that part of money as alimony ? If yes, who should
> cover that part of income.


No. Alimony stops upon remarriage, and since she married you, his
obligation stopped [forever].

- quote -

> 3. Since we have been seperated for almost a year, my wife is going to
> file her tax form seperately this year claiming as "housthold". is
> that possible. By law, we are still couple.


Possible: Yes. However, there are certain requirements. She may or may
not meet them all.

- quote -

> 4. If She is going to claim as "household", can I claim as "household"
> also ?


No. You don't meet the requirements. Your status is married-separate.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-30-2009, 11:30 PM
Dick Adams
Guest
 
Posts: n/a
Default Re: alimony question

<jdoe280[at]gmail.com> wrote:

- quote -

> Me and my wife are seperated during year 2008, and we have one kid,
> who is from her ex-marriage. Right now that kid is living with her.
> My wife's ex-husband heard about our separation, and gave her some
> money for her to use. (total about $15K).
> Now it is tax season, I was told days ago that her ex is going to
> file his tax form and is going to put that part of money as alimony.


That's between him and the IRS who will want to see the divorce
decree to determine if it is alimoney.

- quote -

> So my questions are
> 1. Can he file that part of money as alimony?
> If yes, who should cover that part of income.


See answer above. If it is alimoney, it is her income.

- quote -

> 3. Since we have been seperated for almost a year, my wife
> is going to file her tax form seperately this year claiming
> as "household". is that possible. By law, we are still couple.


If you separated before July 1st, by law she can claim HoH.

- quote -

> 4. If She is going to claim as "household", can I claim as
> "household" also?


No way, Jose - unless you want to pay interest and penalties
in addition to the taxes.

Dick

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-30-2009, 10:22 PM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default Re: alimony question

On Jan 30, 11:03 am, kam...[at]panix.com (Arthur Kamlet) wrote:

- quote -

> Otherwise file as MFS.

Why not Single? If legally separated, it should be possible to file
as Single, and will most often be better than MFS. So the question is
whether the separation is court ordered (legal) or informal.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 01-30-2009, 06:30 PM
Alan
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Posts: n/a
Default Re: alimony question

jdoe280[at]gmail.com wrote:
- quote -

> Hi forks,
> Me and my wife are seperated during year 2008, and we have one kid,
> who is from her ex-marriage. Right now that kid is living with her. My
> wife's ex-husband heard about our separation, and gave her some money
> for her to use. ( total about $15K).
> Now it is tax season, I was told days ago that her ex is going to
> file his tax form and is going to put that part of money as alimony.
> So my questions are
> 1. Can he file that part of money as alimony ? If yes, who should
> cover that part of income.

Only if it is an alimony payment to her under their divorce
decree. It does not include voluntary payments that are not made
under a divorce or separation instrument. There are also other
requirements

- quote -

> 3. Since we have been seperated for almost a year, my wife is going to
> file her tax form seperately this year claiming as "housthold". is
> that possible. By law, we are still couple.


If her child lived with her for more than half the year in a
household that she provided more than the half the cost to
maintain and you did not live with her for any time in the last
half of 2008, then she may file as head of household.

- quote -

> 4. If She is going to claim as "household", can I claim as "household"
> also ?


Only if you can meet the same requirements stated above.

- quote -

> Thanks a lot for the help
> Jdoe


--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 01-30-2009, 06:03 PM
Arthur Kamlet
Guest
 
Posts: n/a
Default Re: alimony question

In article <fcfd3914-736a-4540-befb-def78c3cb2b5[at]p2g2000prf.googlegroups.com> ,
<jdoe280[at]gmail.com> wrote:
- quote -

> Hi forks,
> Me and my wife are seperated during year 2008, and we have one kid,
> who is from her ex-marriage. Right now that kid is living with her. My
> wife's ex-husband heard about our separation, and gave her some money
> for her to use. ( total about $15K).
> Now it is tax season, I was told days ago that her ex is going to
> file his tax form and is going to put that part of money as alimony.



Do you have a child who lived with you most of the year too?


Otherwise file as MFS.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 01-30-2009, 05:53 PM
jdoe280@gmail.com
Guest
 
Posts: n/a
Default alimony question

Hi forks,
Me and my wife are seperated during year 2008, and we have one kid,
who is from her ex-marriage. Right now that kid is living with her. My
wife's ex-husband heard about our separation, and gave her some money
for her to use. ( total about $15K).

Now it is tax season, I was told days ago that her ex is going to
file his tax form and is going to put that part of money as alimony.

So my questions are
1. Can he file that part of money as alimony ? If yes, who should
cover that part of income.

3. Since we have been seperated for almost a year, my wife is going to
file her tax form seperately this year claiming as "housthold". is
that possible. By law, we are still couple.

4. If She is going to claim as "household", can I claim as "household"
also ?


Thanks a lot for the help


Jdoe

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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