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Family

May 3, 2016

Tax opinion may affect support deductions

What happens when the court orders a spouse to continue to pay the expenses of the other party without setting a specific amount for spousal support?

Navid Moshtael

Moshtael Family Law

Email: navid@moshtaellaw.com

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Unless designated otherwise, spousal support, whether temporary or permanent, is taxable to the recipient and deductible to the payor. Internal Revenue Code Section 215. But what happens when the court orders a spouse to continue to pay the expenses of the other party without setting a specific amount for spousal support?

Family law practitioners generally advise their clients that without a specific spousal support order in place, the payments to the other spouse will likely not be...

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