
BetsyR
member
Reged: 07/12/07
Posts: 187
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voluntary support before filing for divorce?
03/22/08 02:46 PM
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My stbx left home on Christmas Eve 2006 to go live with the OW (What a great holiday the kids & I had!) Due to a variety of issues with incompetent/lying/drunken lawyers on both sides, I didn't successfully file for divorce until recently. Stbx and I did married filing separately for 2006, and will do so again for 2007. He's self-employed, I have W-2's.
Stbx gave me checks for differing amounts at irregular intervals for part of 2007. These payments were not court-ordered. They formed the largest part of my income for several months. Most of the money went to pay for our joint expenses -- heat & hydro for our home, his life insurance, homeowner policy, auto insurance on both our cars, etc. The money I earned was enough to cover my personal expenses -- gas, groceries, cellphone, clothes, meds, etc.
Here's my question: are his voluntary payments taxable to me?
As I said, these payments were not CO'd. They were at irregular intervals and for different amounts. Their purpose (not stated in any written agreement; this was all informal and verbal) was to allow me to handle the marital bills that usually came to the marital home, where I lived. I assume my stbx will pay taxes on this income, since it's not court-ordered SS. I don't want to pay taxes on the same income, kwim?
There are a couple of complications (we''ve all got 'em.) Stbx has refused to speak to me for months, so I can't ask him if he's going to count his payments to me as taxable income. Also, after he left me, I heard he's being audited by the IRS. I don't want to have the checks I received from stbx trigger an audit of my own returns. Nothing to hide, I just don't want to go through the hassle.
His voluntary payments to me started and ended in 2007. The divorce was filed in 2008. No discovery yet, so I have no idea whether he plans to take them off his taxable income. I can't tell *him* what to do, but what do *I* do? Should I count them as my taxable income? Should my income for IRS purposes be only what I earned myself?
Thanks in advance for your answers, everyone.
Betsy
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