My question involves divorce in the State of: OH
The divorce decree states that alimony decreases on a certain date and terminates on a second date. The decrease is to a dollar figure that is 60% of original. The decrease occurs less than 12 months before a daughter reaches age 19, which is a year after she graduates HS. The alimony terminates one month after another daughter graduates HS, which is four months before she reaches age 19. Emancipation occurs at HS graduation but not later than age 19 in our jurisdiction. Each daughter will therefore be emancipated before reaching age 19, and just before the respective changes.
The total alimony term is 12 years. The marriage was 23 yrs. The decrease occurs five years in. Nothing in the alimony award mentions contingencies related to childen.
My concern is that fuzzy second condition in the publication whereby such a contingency may be presumed by the IRS, and the alimony treated as child support. The decree is non-modifiable.