Alimony


#1

Unless there is a court order or agreement designating payments to you as alimony, then they are not alimony.

Alimony can be set by an agreement, but it must be in writing. You may want to consult a tax attorney for assistance in resolving these issues.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I am not from this country originally and my ex-husband created a letter and said if I didn’t sign the paper that he would not let me see our daughter and I would not get my money.

I went to a lawyer who said the papers were invalid.

How can I get the IRS to understand. They want proof from the court.

I sent the divorce papers but they said this was not enough, they need the NC Statue which says Alimony can only be ordered by the court.


#3

There is no NC statute that says alimony can only be ordered by the court, alimony can be paid pursuant to an agreement between you and your spouse. However, in order to be valid it must be in a contract that is signed and notarized by both parties. If your spouse has a signed and notarized document that states that the payments made to you are alimony, then the IRS may be correct. The only way to know for sure is to take that document to a lawyer and have them review it.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

My Ex filed a claim of Alimony on a previous tax return without notifying me.

The money he gave me after the divorce was my money from our bank account.

Our divorce papers state that we waived any future claims for alimony.

The IRS is now saying I owe tax for Alimony and say they need proof that NC Law says that the money given was not alimony as this took place after the divorce and this was not a legal judgement.

I am looking for the NC Statute that says only the Court can mandate Alimony.

Can anyone help me? Please