Employer refused to withdraw alimony pre-tax. My e...
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Employer refused to withdraw alimony pre-tax. My ex must pay the taxes on alimony. Am I entitled a refund from employer for essentially double taxing the alimony?

I live in WI. Our laws state that with alimony pre-2019, the receiver pays all taxes as income tax. I explained this to my employer and they told me they will not entertain taking taxes out for anything that is not child support nor will they entertain taking anything out of a paycheck pre-tax aside from child support. Because of this, I am paying taxes on a large portion of my income, only to have my ex also doing the same when she files every year. This would cause an obvious overpayment on my end because I'm being taxed on my full income amount, ignoring the alimony. Am I entitled to this money, or is there any recourse against my employer? They're refusing to talk to me about it and just keep telling me they're doing everything properly in accordance with tax law. I disagree. Any guidance/info would be appreciated.
2 Replies
Level 15

Employer refused to withdraw alimony pre-tax. My ex must pay the taxes on alimony. Am I entitled a refund from employer for essentially double taxing the alimony?

I don't know about your state but nothing has changed for Federal.  If it is pre2019 you can still deduct it on your tax return.  Didn't you deduct it last year and before?

 

If you pay Alimony:

Go to

Federal

Deductions and Credits

Then scroll way down to Other Deductions and Credits

Alimony Paid - Click the Start or Update button

Level 4

Employer refused to withdraw alimony pre-tax. My ex must pay the taxes on alimony. Am I entitled a refund from employer for essentially double taxing the alimony?

this is a case where state and federal laws differ, if the divorce decree was entered into after 2018 it is not deductible by the payor and is not taxable to the recipient for FEDERAL purposes.  your state can do whatever it wants so it may allow a deduction to the payor and tax the recipient.  

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