It can be challenging to navigate the process of divorce and one of the most important aspects of this process is child support. Child custody, visitation, and child support are all done in the best interests of the child or children. It is critical for everyone to have a firm understanding of child support and the implications that these payments can have on someone’s taxes. With this in mind, there are a few common questions that people have when it comes to child support and taxes.

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Common Questions Regarding Child Support and Taxes

Is Child Support Taxable?

While alimony is treated as taxable income, child support is not. Currently, child support is not declared as taxable income by the party receiving it. Child support payments are also not considered tax-deductible by the person making the payments.

Will Child Support Change if we File Our Taxes Together?

One of the common questions that people have relates to how getting remarried is going to impact someone’s child support and tax situation. If someone gets remarried and starts to file taxes jointly with a new spouse, this should not have any impact on someone’s child support payments.

How Do I Get his Tax Refund Flagged for Delinquent Child Support?

Sometimes, one spouse simply refuses to comply with the child support order. In order to get delinquent child support payments flagged, the issue is reported to the state’s debt board. If multiple states are involved, then the Federal Tax Refund Offset may get involved.

If My Tax Refund is Taken to Pay Support, Who Gets the Money?

If someone’s tax refund has been confiscated to help cover child support payments, the money will go directly to the party deserving of the payments. This confiscation will not impact someone’s tax liability, as child support payments are not taxable.

Would a Lump-Sum Payment for Back Child Support be Taxed?

Right now, child support is not considered taxable income. Even if someone pays or receives a lump sum child support payment, either to get ahead on payments or to pay off existing debt, this lump sum payment should not be taxed.

Will He Be Able to Claim Our Son if He’s Behind on His Support Payments?

Whether or not someone is behind on child support payments has no bearing on whether or not that person can claim his or her children as dependents. If someone is the parent of a child, and is making child support payments (or has been ordered to), then that spouse can still claim that child as a dependent. Being behind on payments does not nullify this relationship.

Rely on an Experienced Family Law Attorney

The issues surrounding child support and taxes can be challenging to understand. That is why everyone should have a family law attorney in their corner. At Wall & Wall Attorneys at Law, P.C., we have been helping the parents and children of the Utah area since 1973. We offer free consultations and no-obligation case reviews. We even speak English and Spanish, as well as provide military discounts. Call us today to learn more about how we can help you!

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