CALIFORNIA FAMILY LAW
...Income Tax Matters
......Spousal Support
.........Deductibility
............Family Support/Related to Children
10 Cards On This Topic:
  • Family support orders described.
  • Unallocated family support held deductible as alimony.
  • Any spousal support payments which can be fixed as attributable to children will be treated as nondeductible child support.
  • As unallocated family support obligation would terminate upon death under CA law, payments qualify as alimony.
  • Court's suggested allocation of previously ordered family support award insufficient to constitute a fixing of child support for tax purposes.
  • As family support payments may extend beyond death or remarriage of recipient spouse, not deductible as alimony.
  • As Cal. law does not provide for segregation of unallocated or undifferentiated family support, W cannot show that a portion of family support would survive her death and all is taxable as alimony.
  • Family support not deductible unless order specifically states that it terminates on death of recipient spouse.
  • No alimony deduction for support paid when judgment provides it will reduce to zero upon child's turning 18.
  • If alimony terminates upon happening of a contingency related to a child, the fact that judgment also contains fixed c/s will not save deduction.