FOR TAX YEAR 2018 AND PRIOR
Child Support and Alimony are two separate things. Child support is never taxable nor deductible whereas alimony may be.
Alimony Requirements
A payment is alimony only if all the following requirements are met:
- The spouses don't file a joint return with each other;
- The payment is in cash (including checks or money orders);
- The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;
- The divorce or separation instrument doesn't designate the payment as not alimony;
- The spouses aren't members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.);
- There's no liability to make the payment (in cash or property) after the death of the recipient spouse; and
- The payment isn't treated as child support or a property settlement.
Payments Not Alimony
Not all payments under a divorce or separation instrument are alimony. Alimony doesn't include:
- Child support,
- Noncash property settlements, whether in a lump-sum or installments,
- Payments that are your spouse's part of community property income,
- Payments to keep up the payer's property,
- Use of the payer's property, or
- Voluntary payments (that is, payments not required by a divorce or separation instrument).
