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CrazyChick | Child support and taxes? |
If my ex is paying child support, which of us is being taxed for it?
Would the child support money come out of his pay before or after taxes? Or would the child support be taxed as a part of my income, meaning if the decided amount is 1350, I'd actually net about 15% less?
Additional Details
Nope, it's just child support.
It's virtually impossible to get alimony in my state, and I don't qualify. |
 |
 
wartz
 |
Child support comes from net pay and is not taxable to the parent who receives the money. |
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KD
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The child support is taken out after this takes are taken out, therefore the taxes are paid. You do not claim this as income. |
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edco
 |
Child Support is tax free payment made to you on behalf of your child/children.
It's an expense recovery for you. It is paid after taxes by your ex since it is not tax deductible.
So it's a "free ride" for the receiver..
In theory, the payer should receive the tax benefit for claiming the deduction on his taxes by filing the child as a dependant, but that's not always the case. It depends on how it's written in your divorce agreement. |
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ninasgramma
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Your ex is paying income taxes on money he earns which is then used to pay child support. You do not pay income taxes on child support you receive for your child.
Child support payments do not appear on any tax return. |
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Gary
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Child support has no bearing on income taxes. You ex is not able to deduct it and you do not have to claim it as income. Alimony yes, child support no. |
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Rukh
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Though the previous answerers are correct in saying that CHILD SUPPORT does not count as income for tax purposes, there is something they left out.
Before you completely relax and think you're in the clear you need to be sure that NONE of the money he sends you is considered ALIMONY by the divorce decree. Review your papers if you need to.
ALIMONY is considered income for you (Form 1040, line 11 "Alimony Recieved") he gets to deduct the alimony (Form 1040, line 31a "Alimony Paid") as an adjustment to his AGI.
http://www.irs.gov/pub/irs-pdf/f1040.pdf
As long as ALL of the money he sends is considered CHILD SUPPORT in the divorce decree and NONE of it is ALIMONY, then you are in the clear and you can relax. Otherwise, you MUST REPORT any portion considered ALIMONY by the divorse papers AS INCOME.
I'm not trying to sound harsh I'm just trying to point out that very important detail that sometimes gets overlooked by divorced couples. This is something that needed to be mentioned, otherwise you would be digging your self into a hole if it turns out that money you mnentioned actually includes alimony. If you fail to report ALIMONY as income on your tax return you will not only owe that tax, but also penalties, plus interest, and the IRS could file charges for filing a faudulent return. I just wanted to make sure you didn't make this mistake. |
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JT
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Child support should be out of your ex'es paycheck after tax and therefore you will not be taxed again. You will received the full amount $1350. |
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MVD34
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In general, the payer pays the taxes and the payee (you) gets the deduction UNLESS (and its a big one) the court papers say otherwise.
Read them carefully. Any agreements ordered by the courts must be followed to the letter when you are talking about an IRS audit.
The courts can order just about anything -- that's one of the reasons you need a lawyer in divorces, esp. with children. |
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