The Income Tax Treatment of Child Support

A common question in my office from parentstaxable to the one receiving it.
experiencing divorce concerns how to treat childIt can get messy when both child support and
support for income tax purposes.alimony are involved in your divorce. If you're not
Fortunately, this is an easy one to answer. Childcareful, you can wind up with payments you
support payments have no income tax effect:thought were tax deductible alimony being treated
They are not deductible by the paying parent, andas non-deductible child support. Sometimes even
they are not taxable to the receiving parent.divorce lawyers miss this one.
In a rarity in the tax code, there are noProperty divisions in a divorce generally have no
exceptions. Most tax provisions have exceptionsincome tax effect either. Again, though, you have
and exceptions to the exceptions, and exceptionsto be careful when you have both alimony
to the exceptions to the exceptions. But here'spayments and a significant property division.
one place where there is a hard and fast rule:Be sure to consult with an experienced family law
Child support is not deductible and not taxable.attorney to make sure your agreement meets
This is the polar opposite of alimony (also calledthe criteria in the tax code. You might also want
spousal support or maintenance). As long as itto check with a tax advisor who is familiar with
meets all the requirements in the tax code,divorce.
alimony is deductible by the one paying it, and