Legal Question in Family Law in Illinois
Hi, in regards to unallocated alimony and child support money. According to the language in the decree I can claim it as a deduction on my taxes and she has to report it as income for a period of two years until alimony (maintenance) is over. Can it continue as unallocated even though there is no more alimony or does alimony have to be tied to the formula in order to get this deduction? I'm thinking I'm done with this deduction, am I right? Thank you, happy holidays.
1 Answer from Attorneys
Without looking at the judgment it is impossible to answer your question. Once it is allocated and you are paying only child support, you can not deduct child support. You and your ex may be able to agree to continue to pay unallocated support, if your agreement allows, and then continue to deduct the payment.