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  1. #1
    Join Date
    Jan 2007
    Posts
    26

    Default Tax Return with back pay of child support

    Ok so if I find out I am the father of a child that was born in july of 2006 and I am charged with back pay of childsupport can I claim that child on my tax return as a qualifying child as long as I claim that the child is not my dependant? Mind you if I am the father I would end up paying childsupport sometime next month.

    I played around with it via taxslayer.com and the difference is about $2000 which is why I ask.

    Oh ya I am married with a child on the way with another woman.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Tax Return with back pay of child support

    Quote Quoting Ceritus
    View Post
    Q) can I claim that child on my tax return as a qualifying child as long as I claim that the child is not my dependant?
    A) Nope
    If you do, the IRS will be over you like white on rice.

    The only way you could claim that child, is if you lived in the childs home for more than 1/2 the year AND provided more than 1/2 the household income.
    Or...
    If you have specific wording in you divorce decree/child support orders saying you can claim the child.

    Child support means nothing as far as the IRS is concerned.
    Alimony however, is a completely different animal.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Tax Return with back pay of child support

    Quote Quoting Dad2
    View Post
    A) Nope
    If you do, the IRS will be over you like white on rice.

    The only way you could claim that child, is if you lived in the childs home for more than 1/2 the year AND provided more than 1/2 the household income.
    Or...
    If you have specific wording in you divorce decree/child support orders saying you can claim the child.

    Child support means nothing as far as the IRS is concerned.
    Alimony however, is a completely different animal.
    The gist of your response is correct...but there are some variations.

    Only the custodial parent is allowed to claim the child as a dependent under the tax regs. A court order may give the exemption to the non-custodial parent, but since 2005, that still doesn't allow the non-custodial parent to take the exemption unless the custodial parent signs a form 8332, or a substantial substitute for a form 8332.

    In order to claim the child as a "qualifying child", but not as a dependent, you again must be the custodial parent.

    Child support is not tax deductible.

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