Tax Question for those who pay child support

I keep getting mixed answers on this. My DH pays child support is he able to use that money as a deduction for his taxes?

Someone told me that if we file jointly and do an itemized form that he will be able to.

Anyone have experience with this?

Re: Tax Question for those who pay child support

from what we've been told, it's taken out before taxes and not elligble...it suxs but that's what we've been told.

Re: Tax Question for those who pay child support

From IRS website:

Alimony, Child Support, Court Awards, Damages

Question: Are child support payments considered taxable income?

Answer: No, child support payments are neither deductible by the payer nor taxable to the payee.

link

Therefore, you can't deduct the payments for tax purposes and the BM doesn't include the payments in her income either.

Message edited 2/13/2010 11:09:21 AM.

Re: Tax Question for those who pay child support

Re: Tax Question for those who pay child support

thanks for the link...doesn't it suck :(

Re: Tax Question for those who pay child support

Just so you know -- while he may not deduct child support -- he may be able to claim Non-Custodial Earned Income Credit for NYS.

Its form IT-209.

If you guys make good money, he probably won't be able claim it, as it's really designated for those who are low income and make $45K or less.

But I figured I'd throw it out there, just in case, ask your tax preparer about it.

Re: Tax Question for those who pay child support