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child support and taxes

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grandma2004

Junior Member
What is the name of your state? Illinois

Sorry to bother you again, but I do have another question. My daughter is wanting to claim her son as a dependant on her taxes every year, but her husband(of whom she is in the process of a divorce with) is wanting to claim him every other year. My grandson lives here with my daughter. Now her husband claims that his lawyer said that she would be a fool not to let him claim every other year on the taxes because if she were to claim every year on the taxes it takes partial child support away. Now I was wondering if her claiming him every year would affect her child support and how?

Thank you :confused:
 


VeronicaGia

Senior Member
grandma2004 said:
What is the name of your state? Illinois

Sorry to bother you again, but I do have another question. My daughter is wanting to claim her son as a dependant on her taxes every year, but her husband(of whom she is in the process of a divorce with) is wanting to claim him every other year. My grandson lives here with my daughter. Now her husband claims that his lawyer said that she would be a fool not to let him claim every other year on the taxes because if she were to claim every year on the taxes it takes partial child support away. Now I was wondering if her claiming him every year would affect her child support and how?

Thank you :confused:
If he is paying support, why shouldn't he get every other year? In any event, if the judge orders it, it will be so and if not, then not.
 

Crazed98

Member
grandma2004 said:
What is the name of your state? Illinois

Sorry to bother you again, but I do have another question. My daughter is wanting to claim her son as a dependant on her taxes every year, but her husband(of whom she is in the process of a divorce with) is wanting to claim him every other year. My grandson lives here with my daughter. Now her husband claims that his lawyer said that she would be a fool not to let him claim every other year on the taxes because if she were to claim every year on the taxes it takes partial child support away. Now I was wondering if her claiming him every year would affect her child support and how?

Thank you :confused:

I don't believe that is correct but if she gets more a year claiming her son then they would take out of the child support then she would be a fool not to claim him every year.
 

NotSoNew

Senior Member
I dont beleive claiming your child as a tax deduction in anyway effects your CS, however it is pretty standard for dads paying CS to get every other year as a deduction.
 

melaniebaker78

Junior Member
That is not correct. As a tax professional, I deal with the issues a lot. Child support is not deductible for the parent giving it, and the parent who receives it does not have to claim it. Child support is not like alimony, it is income exchanged that can be deductible and taxable. You have to take care of your children, you don't have to take care of your ex-spouses, only if they want it. For tax purposes, the child has to be claimed by the parent that the child lives with for the majority of the year. If the parents agree to alternate using the child for tax purposes, they need to get a court order stipulating it. Bc if he claims the child and he lives with the mother, she can file a claim against him, and he will be liable for the deductions that he received.
 

grandma2004

Junior Member
VeronicaGia said:
If he is paying support, why shouldn't he get every other year? In any event, if the judge orders it, it will be so and if not, then not.
Well he doesn't pay that much in child support. It doesn't even come to half the cost that she spends each month on her son. Plus he has only payed 4 payments of child support to her and he is already wanting to reduce the support.
 

LdiJ

Senior Member
grandma2004 said:
Well he doesn't pay that much in child support. It doesn't even come to half the cost that she spends each month on her son. Plus he has only payed 4 payments of child support to her and he is already wanting to reduce the support.
I agree with the advice that you got from the other tax professional.

However, that advice was correct too. Its going to be up to the judge but its fairly common to order that the tax deduction be given to the ncp every other year.

If it does look like the judge is going to make that kind of order, then your daughter should request that the judge also including wording that states that he will not get the deduction unless he is current with his child support.
 

ablessin

Member
If he is behind in CS payment, you could suggest to the court that his wages be garnished, then you're certain to get the money every week - or however often the payment is supposed to come.

Since the CS is not considered income, I don't see how it would affect taxes at all, but whatever. Five people can read one sentence and probably you would get 5 different interpretations -

Does the father have shared custody and/or visitation? If so, then rightfully he probably should be entitled to the child tax deduction ever other year - or Mom can file the deduction on Federal and Dad file the deduction on State - there are several creative and unique ways to divide things
 

LdiJ

Senior Member
ablessin said:
or Mom can file the deduction on Federal and Dad file the deduction on State
Unless her state (or yours) have very unusual tax laws...that one isn't possible. Federal and state returns have to match in terms of exemptions and everything else for that matter.
 

haiku

Senior Member
grandma2004 said:
Well he doesn't pay that much in child support. It doesn't even come to half the cost that she spends each month on her son. Plus he has only payed 4 payments of child support to her and he is already wanting to reduce the support.
well, the fact is his support was factored on his income. And if his income was not much to begin with, thats what you are left with.Whether or not its half what your daughter DECIDES to spend is neither here nor there. Part of the extra responsibility that come swith being the custodial parent.

if its only been a few months and there is no signifigant reason for a support chang, the possiblity of him getting one is likely slim, but again, its based on his income, an dsome people make more than others you cannot compare, and divorce never makes any one come out well financially.

I second the advice to make sure your daughter has the court order worded that he will be current in his support before he is entitled to the deduction.
 

tigger22472

Senior Member
Even though this question was answered already I'm going to chime in here with my thoughts.

A NCP is already getting taxed once for this money when it comes through on their paycheck. They THEN in turn have to add it as income AGAIN when they file for their tax return so in essence they are being taxed twice on this while the CP doesn't have to claim it at all.

As stated there should be a provision, giving him every other year as long as he is current on support. There's nothing wrong with being fair from time to time.
 

LdiJ

Senior Member
tigger22472 said:
Even though this question was answered already I'm going to chime in here with my thoughts.

A NCP is already getting taxed once for this money when it comes through on their paycheck. They THEN in turn have to add it as income AGAIN when they file for their tax return so in essence they are being taxed twice on this while the CP doesn't have to claim it at all.

As stated there should be a provision, giving him every other year as long as he is current on support. There's nothing wrong with being fair from time to time.
Tigger...that isn't accurate. The ncp only gets taxed on the money once. They don't add it back to their income on their tax return...its already there on their W2.
 

tigger22472

Senior Member
LdiJ said:
Tigger...that isn't accurate. The ncp only gets taxed on the money once. They don't add it back to their income on their tax return...its already there on their W2.
ok.. 'add' it in isn't the right word.. the POINT is that they pay taxes on it when it comes through on their paycheck.. and then at tax time once again it is figured in as income.
 

LdiJ

Senior Member
tigger22472 said:
ok.. 'add' it in isn't the right word.. the POINT is that they pay taxes on it when it comes through on their paycheck.. and then at tax time once again it is figured in as income.
Ok...just to make sure that there is no misunderstanding.

Withholding is an estimate of the taxes that will be due on the income that is being earned. The tax return calculates the actual taxes. If your withholding estimate was too high, then you get a refund. If your withholding estimate was too low, then you owe taxes. In no way can child support be money that is taxed twice.....any more than the money you spend on your car payment or rent/house payment, or anything else you spend your money on is taxed twice.

CPs also spend "after tax" money on their share of the support for their children. If the parents are alternating the tax exemption each year...then they are being treated completely equally as far as tax is concerned. They are both spending "after tax" money to support their children....and they are sharing equally in the available tax breaks (according to what their income makes them eligible to recieve).
 

haiku

Senior Member
I can kinda understand the whole "the money gets taxed once, then is handed over to the other parent to be spent on the kids needs"

But no child support paying parent brings HOME, what it says on thier W-2

My husband pays 12000 a year in child support. Our household gets no benefit from this money at all. Yet we must act as if we actually do, on any application we may fill out. For some people, if they could list what they make after support is paid, it could help them qualify for financial help. For example, in a time period when we needed low cost medical coverage for OUR child, we paid a higher premium due to an income level we did not really have in our household. I could afford it, but the lower your income is the more those dollars count. We pay taxes on it as if we benefited from it. I suppose for social security, reasons you do benefit, and of course its supposed to benifit the children who don't live with you... But, We don't get to decide when we can choose to say what our income really is, to make our life easier.

In contrast the ex gets that money, a tax free income, and she can list it as income if it helps her financially, or NOT list it if it does not.(she could have qualified for the lower medical premium, for example, just by not listing the support income, even though with the support her income was the same as our household.) This seems to be an unfair benefit.
 
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