6 November 2012 0 Comments

Child support and taxes

Follow Us

Does child support affect your taxes?  The Internal Revenue Service has rules that control the deductions and exemptions that you are allowed whether you pay or receive child support.  Your final divorce settlement will determine how child support will affect your taxes.

Child support payments are not taxable for the parent making the payments or for the parent receiving the money.  The parent making the payments cannot deduct it from income and the receiving parent does not have to claim it as income.

However, in order to claim your child as an exemption, you must provide more than half of that person’s total support during the calendar year.  The custodial parent, for the most part, will be treated as the person who has provided more than half of the child’s support. In order to get the tax exemption, you must be:

  • Divorced or legally separated under a divorce decree
  • Legally separated under a written separation agreement
  • Living apart during the last six months of the year

In addition, the non-custodial parent can claim the exemption if both parties agree and certain criteria are met.  If you have questions regarding child support and tax exemptions, it is important to contact an experienced Riverside Family Law attorney who is familiar with any and all implications of any child support agreement arrived at during the divorce process.

Leave a Reply

You must be logged in to post a comment.