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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9903
Experience:  Experienced Family Law Attorney
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If one party claims taxes on child support every year does

Customer Question

If one party claims taxes on child support every year does the other party get a deduction on support
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Do you mean the deduction on spousal support?

Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year ago.

No, there is no such requirement; rather the party paying spousal support can deduct that expense every year; and the party receiving spousal support must report that as income:

Child support is not deductible by the party paying support; nor is it considered income to the recipient.

Normally only one parent can claim all of the tax benefits per year for a child:

This can be alternated each year, or assigned to the custodial party. If the non custodial parent claims the child, the custodial parent would need to excecute form 8332:

Normally this will be addressed in the divorce decree.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Checking in on the above. Thank you for using Just Answer!