When my (not yet)-ex-husband left our home in June 2012, we signed a paper we wrote ourselves saying that he would temporarily pay me $2000 per month. It is not notarized. The wording is “He will continue to support the 2 children by paying $2,000 per month for household bills until a Separation Agreement is signed.”. Well here we are over a year later, no agreement in place and we are headed to mediation and perhaps litigation. He has paid me each month (although several months were $1800, not $2000). My question is, for 2013 can I declare all of the money he paid to me as child support since we worded it as such in our 1-page document? or can he try to say that a portion of it was alimony? I asked my accountant but she said its a question for a lawyer.
Also, is this 1page document considered a ‘separation instrument’ according to the IRS? Or does a ‘separation instrument’ mean a real one draw up by a lawyer?
thanks much, this forum is so helpful!