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Are payments received under Family Code 271 and Family Code 2030 taxable to the recipient?

I'm receiving payments from my ex-husband following a court order, which are sanction under Family Code 271, and attorney fee reimbursement under Family Code 2030.  Are such payments taxable to me?
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5 Replies
ToddL99
Expert Alumni

Are payments received under Family Code 271 and Family Code 2030 taxable to the recipient?

What are these payment for and how are they reported to you (if at all)?

ToddL99
Expert Alumni

Are payments received under Family Code 271 and Family Code 2030 taxable to the recipient?

Payments received under Family Code 271 and Family Code 2030 are not taxable to the recipient - they are "reimbursement" for non-deductible legal expenses incurred in a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties.

 

See Family Code 271  and California Family Code Section 2030

 

Are payments received under Family Code 271 and Family Code 2030 taxable to the recipient?

Thank you for the info!  The payment under Family Code 271 is the sanction imposed on his behavior that prolonged the litigation process, the payment under Family Code 2030 is to reimburse attorney fee to me since he earns significantly more than I do.  I'm about to receive such payments on a monthly basis.  I don't know if such payments will be reported to me on some tax form.  Will such payments be reported on tax form?

ToddL99
Expert Alumni

Are payments received under Family Code 271 and Family Code 2030 taxable to the recipient?

These payments should not be reported to you on any tax form, since they are not "income" to you.

 

They will likely be paid directly to the court, which will then disperse to you. This way the court knows your ex (?) is complying with its order. 

 

You can contact the court to confirm that no tax statement will be issued.

Are payments received under Family Code 271 and Family Code 2030 taxable to the recipient?

Got it, thank you so much!

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