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child support and taxes

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jolida72

Member
What is the name of your state? new york
is it possible to claim child support on taxes? the child does not live with us or see us and we pay support and want to know if there is any way to claim the money. thank-you for any advice
 


ellencee

Senior Member
jolida72

Child support is not tax deductible; it is considered payment made on behalf of the child to a third party, the custodial parent. Alimony, which is spousal support, is taxable income by the party who receives it, and deductible for the person who pays it. Not so for child support, which is for the child's benefit to live in a home provided for by both parents.
 
L

loku

Guest
ellencee is right about child support not being tax deductible; however, you may qualify to take the child as a dependent, depending on the circumstances. Following are the main rules:

Generally, you must provide more than half of a person's total support during the calendar year to meet the support test. However, there are special rules that apply in the following two situations.

1) Two or more persons provide support, but no one person provides more than half of a person's total support. Sometimes no one provides more than half of the support of a person. Instead, two or more persons, each of whom would be able to take the exemption but for the support test, together provide more than half of the person's support.
When this happens, you can agree that any one of you who individually provides more than 10% of the person's support, but only one, can claim an exemption for that person. Each of the others must sign a written statement agreeing not to claim the exemption for that year. The statements must be filed with the income tax return of the person who claims the exemption. Form 2120, Multiple Support Declaration, can be used for this purpose.

2) The person supported is the child of divorced or separated parents. In this case, the parent who has custody of the child for the greater part of the year (the custodial parent) is generally treated as the parent who provides more than half of the child's support. It does not matter whether the custodial parent actually provided more than half of the support.
The noncustodial parent will be treated as providing more than half of the child's support if:
1) The custodial parent signs a written declaration that he or she will not claim the exemption for the child, and the noncustodial parent attaches this written declaration to his or her return,
2) A decree or agreement went into effect after 1984 and states the noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support, or
3) A decree or agreement executed before 1985 provides that the noncustodial parent is entitled to the exemption, and he or she provides at least $600 for the child's support during the year, unless the pre-1985 decree or agreement is modified after 1984 to specify that this provision will not apply.
 

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