This would be low-hanging fruit if regulators viewed your practice as a clear-cut violation. If we're not hearing about findings, then they probably see this as no worse than a gray area. Clearly, the rulewriters envisioned the alimony notice preceding the inquiry, but who's to say whether applicants read the footnote before completing the field? I'd put this on a list of possible changes for the next revision of this form. It's always safest to stick with the language and layout of model forms.