DadsDivorce Live: The Alimony Recapture Rule

Paying alimony is a big enough hassle already, but imagine getting an unfriendly letter from the IRS forcing you into an audit and assessing taxes for three years of income you previously deducted. That’s what can happen under the alimony recapture rule. 

Cordell & Cordell family law attorney Jamie Spero joins DadsDivorce Live to explain this often misunderstood and rarely discussed trap.

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3 comments on “DadsDivorce Live: The Alimony Recapture Rule

    My husband gross $1400 a week and only brings home $268, after taxes and health insurance, he pays $447 a WEEK in child support & alimony, FOR ONE CHILD
    All because she has her own full time cleaning business (for 12 years)and LIED about her income (in the divorce) of “only” being $18,500
    Her business isn’t even on the books & makes at least twice that!! We tried to get it lowered last year but the magistrate did not overturn the original decree of Supreme Court
    See he was out of work for 6 months After his heart attack ,Just to return to work to have $670 A WEEK (for ONE child) taken out to pay on the arrears from being out of work for serious medical reasons. He brought home sometimes less then a $100 a week during this time
    We had to move out of our home & find cheaper place to live, I can barely stay up on both car payments, it’s ruined my credit horribly
    And we have been DROWNING in bills for a year now 🙁
    I feel so hopeless, I have two children here at home that have suffered tremendously, it feels like no end
    I feel it’s completely unfair & unreasonable
    Alimony was scheduled to end 11/2017, and the child support is only $200 a week there after
    however there is an abated arrears In the amount of ~$6000 (from being out of work form heart attack) and he will have to continue to pay $447 a week until its paid off
    Is there anyway we can REDUCE that amt and pay longer? (Like reduce to $25 a week)
    Also the house was never taken out of his name because she doesn’t have a job on the books to be qualified for a mortgage!
    We have been trying to find help with this situation for two years!

    i have full custody of minor 14 daughter fom mother child abuse and drug addiction however I’m fighting Alimony can she be awarded alimony?

    An I.R.S audit is a hell no one should have to go through. I have seen friends of mine audited and it broke some of them because as small business owners they lacked good book keeping skills. I hope this law is changed but it likely will not be changed.

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