Hello,
My ex and I got divorced in June 2017. My taxes were filed on time for 2017 but after recently rereading the Temporary Orders and Final Decree, I think some of the payments (spousal maintenance) made to my ex could have been deducted on my 2017 return. Below are sections from the Temporary Orders and Final Decree. What if any of the below can I deduct if I amend my 2017 return?
De Novo Hearing (Jan 31, 2017)
{Husband} shall vacate the marital residence no later than 5:00 p.m. on February 5, 2017.
Temporary Orders
Temporary Spousal Support
IT IS ORDERED that {husband} shall pay to {wife} as temporary spousal support One Thousand Two Hundred dollars ($1,200.00) per month, in two payments of Six Hundred dollars ($600.00) each, with the first payment of Six Hundred dollars ($600.00) being due and payable on February 15th, and like payments of Six Hundred dollars ($600.00) each being due and payable on the 1st and 15th day of each month thereafter until further order of this court.
IT IS ORDERED that the above payments shall be made via personal check payable by {husband} to {wife} via hand delivery or first-class mail to {wife} at her last known mailing address on or before 5:00 p.m. on the date the payment is due.
Debts to {husband}
IT IS AGREED AND ORDERED that {husband} shall be responsible for the timely payment of no more than the minimum amount due on the following debts and liabilities while this case is pending:
- The mortgage for the marital residence
- Any ad valorem taxes or insurance premiums due and owing for the marital residence
- The gas, electric, water, internet and cable, for the residence
- Payment of the monthly health insurance premium covering the family, including {wife}
- The monthly car notes on all the parties’ vehicles
- Auto insurance for all the parties’ vehicles
Agreed Final Decree of Divorce (June 2, 2017)
Court-Ordered Maintenance
The Court finds that under the circumstances presented in this case, {wife} is eligible for maintenance under the provisions of Texas Family Code chapter 8. Accordingly, {husband} is ordered to pay as maintenance the sum of seven thousand two hundred dollars ($7,200.00) as a one-time payment to {wife} on or before June 15, 2017.
Payment shall be made by {husband} directly to {wife} by cash, cashier's check, or money order at the last known address provided to {husband} by {wife} as set forth herein.
