Divorce Support Forums: Support paid prior to court order, can I deduct it

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Toadsrus
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Reged: 05/23/08
Posts: 9

Support paid prior to court order, can I deduct it
#208669 - 05/29/08 03:04 PM (71.141.242.138)

I have just been ordered to pay child and spousal support retroactive to the date of filing. I have been giving my stbx support since moving out 4 months prior to the filing. Can I deduct those amounts from the amount being ordered by the court? (I'm in California)

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Jada
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Reged: 06/02/07
Posts: 3241

Re: Support paid prior to court order, can I deduct it [Re: Toadsrus]
#208706 - 05/29/08 05:49 PM (69.115.64.195)

No, you cannot.

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theanswerguy
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Reged: 04/12/07
Posts: 2149

Re: Support paid prior to court order, can I deduct it [Re: Toadsrus]
#208775 - 05/30/08 12:12 AM (64.12.117.143)

It depends on whether you can provide proof of payment .

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov

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Jada
Platinum

Reged: 06/02/07
Posts: 3241

Re: Support paid prior to court order, can I deduct it [Re: Jada]
#208789 - 05/30/08 07:40 AM (69.115.64.195)

[quote]No, you cannot. [/quote]

Just went and reread your post, if you still paid child support after the date of filing and can prove that you paid it (a cashed check with child support written on the memo section is one way), then you should be able to deduct that. You won't be able to deduct what you paid prior to the filing date. And you will still be responsible for any difference.

One way to clear this up is to get your stbx to sign a statement (the signature will need to be notarized)stating the amount that you paid from the date of filing on.

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