- 4 - (C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and (D) there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse. [Sec. 71(b)(1).] Child support is that part of a payment which the divorce or separation instrument fixes as payable for the support of the children of the payor spouse. See sec. 71(c)(1). An amount is treated as fixed under section 71(c)(1) and thus treated as child support if it will be reduced "on the happening of a contingency specified in the instrument relating to a child (such as attaining a specified age, marrying, dying, leaving school, or a similar contingency)”. Sec. 71(c)(2)(A). Respondent maintains that petitioner’s payments to his former spouse are not alimony within the meaning of section 71(b) and thus are not deductible. Petitioner, on the other hand, maintains that the payments were made in accordance with the provision in the Agreement calling for “spousal support, alimony and maintenance” and that the Agreement had a separate provision providing for child support. Petitioner also points out that his “alimony” payments to his former spouse were not reduced, as were the payments required under the Agreement for child support, inPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011