Legal Question in Family Law in Utah
I had a divorce stipulation to forego my right to alimony if my ex paid marital debt. Can he claim that debt as alimony on taxes
He is claiming as per table 18 1:alimony requirements. Payments are alimony if required by divorce decree. any third party payments in leu of alimomy directly to the spouse. when he stopped paying alimony I gave him the option to take over marital debt(credit cards) instead of the 5 years of alimony. In the stipulation it states "petitioner will forego her right to alimony if respondent pays the remaining debt as follows:(list of credit card debt)" He is claiming his payments on those credit cards counts as alimony because he was "paying my bills instead of paying me" and is asking for my social security number so he can claim those payments as alimony on his taxes
1 Answer from Attorneys
If the trade off in your stipulation was that you would waive alimony in exchange for him taking on the debt, then he would not be able to claim that debt or the payments on the debt as "alimony" which would result in a taxable event to you and it being tax deductible to him.