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Frequently Asked Tax Questions And Answers

Keyword: Child Support


1.9 IRS Procedures: Injured Spouse

How can I collect child support from my ex-spouse?

You must contact your Office of Child Support Enforcement.

References:

Can I file my return electronically even though I am filing a Form 8379, Injured Spouse Claim and Allocation?

Yes, you can file electronically however the time frame in which you receive your refund can be 11 weeks.

References:

  • Form 8379 (PDF), Injured Spouse Claim and Allocation

2.2 Filing Requirements/Status/Dependents/Exemptions: Filing Status

If the parents of a year old child never married but live together with the child for the tax year, and both contribute to the cost of maintaining the household for the child and themselves, may they both file as head of household?

Only one taxpayer may claim the child as a qualifying child for purposes of filing as head of household. Also, a taxpayer filing as head of household must furnish over half the cost of maintaining the household. Therefore, both parents may not file as head of household. For more information, please refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, for more information.

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2.3 Filing Requirements/Status/Dependents/Exemptions: Dependents & Exemptions

My husband and I have provided a home for my niece and her son for the past seven months. She receives no child support from her ex-spouse, and she does not work or have any income of her own. Can I claim her and her son as dependents?

In order to be your dependents, your niece and her child must meet the following tests:

  1. Qualifying child or qualifying relative tests;
  2. Dependent Taxpayer test;
  3. Citizenship or resident test; and
  4. Joint return test
Refer to Publication 501, Exemptions, Standard Deduction and Filing Information, or Tax Topic 354, Dependents for more information.

References:

If you pay child support, are you allowed to deduct anything on your taxes or claim the child as an exemption?

Nothing can be deducted for the child support payments. Child support payments are neither deductible by the payer nor taxable income to the payee. You may be able to claim the child as a dependent. The parent who the child lived with for the greater part of the year is the custodial parent. Generally the custodial parent is allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be allowed to claim the exemption for the child if the custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced of Separated Parents, or a substantially similar statement.

Please refer to Publication 501, Exemptions, Standard Deduction and Filing Information, and Publication 504, Divorced or Separated Individuals, for more information.

References:

4.5 Interest/Dividends/Other Types of Income: Alimony, Child Support, Court Awards, Damages

Are child support payments considered taxable income?

No. Child support payments are neither deductible by the payor nor taxable to the payee. When you total your gross income to see if you are required to file a tax return, do not include child support payments received. For additional information, refer to Tax Topic 422, Nontaxable Income, or Publication 504, Divorced or Separated Individuals.

8.2 Earned Income Tax Credit: Taxable & Nontaxable Income

Is child support considered earned income when calculating the earned income credit?

No, for purposes of calculating the earned income credit, child support is not considered earned income.

Please refer to Publication 596, Earned Income Credit, for a complete discussion of the earned income credit.

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