I am 3 1/2 yrs into my separation of property and my ex seems to think he can claim certain payments as alimony. My order clearly states, “in leiu of alimony”. He had his accountant file for the following:
Half payments for: House, motorhome (which he has never let me use-judge ordered my use 2 weeks per year(awarded Oct 2010)2nd mortgage
COmpany paid items (we own a business-he runs it, marital property)-Gas allowance per month, car insurance(company car) car taxes,
Total amt. for my BCS and motorcycle insurance.
Company items are deducted through the business (isn’t this double dipping as post sep support?)
He has not provided my atty, forensic accountant, nor the judge the proper documentation needed to proceed with separation of property. Since my order states “in Leiu of alimony” can he really do this? I have been told 2 different things. Also, if he has already turned into the IRS that he gets credit for these payments, does he not have to prove these payments are even legitimate and true?
If he counts the money spent on the items listed as alimony he risks an audit, and tax trouble for himself down the road. It is not your responsibility to worry about him any longer, and there will not be any tax repercussions for you.
I also have an order that states “in lieu of post separation support”. My ex has been dragging out our separaton of property for 3 1/2 yrs by not producing documents, etc. I have now changed attorneys, which has been a very good thing so far. Since the order states this, does this mean I still have alimony to look forward to? I have been told that his payments for the last years can be considered protecting assets. I have sold 2 homes and put them toward the payoff of one company and the start of another. I do not get any money whatsoever from the companies while waiting for things to be divided up. He profits trememdously by income, rent, and other perks. I would love to know if alimony starts after we finally have the numbers in and an order states specifically “alimony is”.
If you filed a claim for Alimony you can calendar the same for trial at the time of the ED trial, or after.