Olney, MD asked in Divorce and Tax Law for Florida

Q: I pay the mother of my kids an additional $630 a month on top of child support, should she claim as income on her taxes?

I am a veteran using the GI bill to finish school and live off of my BAH. The state of FL only requires that I pay $370 a month while I'm in school since I'm not working, but I have given her the extra money for the past 3 years, which comes from my VA Disability, which is $1172 a month. I asked her 2 years ago if she claims it on her taxes at all, and she never responded. What are the possible ramifications of her not claiming that extra $630 a month for the past 3 years? I'm trying to figure out how she can avoid any penalties, if there are any.

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1 Lawyer Answer
Frank Huerta Jr
Frank Huerta Jr
  • Tax Law Lawyer
  • Fresno, CA

A: If the extra money was a spousal support order then it is alimoney and taxable to her and a deduction for yourself. If you gave it to her without a court order it is a gift. Gifts are not income. The amount you "gave" would be under the annual exclusion and you wouldn't need to file a gift tax return.

Linda Simmons Campbell agrees with this answer

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