San Francisco, CA asked in Divorce, Family Law and Tax Law for California

Q: Do I have to report spousal support arrears I received that was ordered to be paid to me in 2019?

I receive spousal support under a 2016 temporary support order. The divorce is still pending. I know I need to report that income on my tax returns since that order is from before 2019. However, in 2019 my spouse was found in contempt of court for failure to pay support and was ordered to pay me a specific amount for the arrears. My question is, do I have to report the spousal support arrears I received from the 2019 contempt of court order?

One answer below says I need to report any income I receive, however I am asking because Of the new tax law below. When I am filing my taxes it asks the date of the order & it doesn’t add any non taxable income.

“ The Tax Cuts and Jobs Act (TCJA), the massive new tax law enacted by Congress in 2017, permanently eliminates the deduction for alimony payments made for people who get divorced in 2019 and later. Moreover, alimony recipients will no longer be required to pay tax on their alimony payments or include them in income”

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick

A: Any money you receive from any source must be reported to the IRS in the tax year that you received it.

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