Child Support And Alimony On Taxes In Illinois

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US-00004BG-I
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

Beginning January 1, 2019, alimony or separate maintenance payments are not deductible from the income of the payer spouse, or includable in the income of the receiving spouse, if made under a divorce or separation agreement executed after December 31, 2018.

This includes wages, dividends, capital gains, business and retirement income and all other forms of income. Examples of income include tips, rents, interest, stock dividends, etc. To figure your adjusted gross income, take your gross income and subtract certain adjustments such as: Alimony payments.

Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.

Beginning January 1, 2019, alimony or separate maintenance payments are not deductible from the income of the payer spouse, or includable in the income of the receiving spouse, if made under a divorce or separation agreement executed after December 31, 2018.

The theory was that although stepparents may play a role in helping their new spouse raise the children, they had no legal obligation to financially support their stepchildren. But in 2000, the Illinois Appellate Court ruled that a stepparent's income could be considered when making an award of child support.

While you cannot include a new spouse's income as income for the purposes of increasing child support, an Illinois divorce court can consider the parent's obligation to that new spouse and new children in order to maintain or even reduce child support.

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Reporting taxable alimony or separate maintenance Deduct alimony or separate maintenance payments on Form 1040, U.S. Individual Income Tax Return or Form 1040-SR, U.S. Tax Return for Seniors (attach Schedule 1 (Form 1040), Additional Income and Adjustments to Income PDF).

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Child Support And Alimony On Taxes In Illinois