Is Child Support Taxable?

December 24, 2021

 Child Support Taxable

Parents have a personal and financial responsibility to take care of their children. A child’s best interests must be considered at all times, particularly when two parents decide to part ways. If you were a parent who was court-ordered to pay child support or if you were able to come to an agreement with your ex about your child support payments outside of court, you still may have several other questions about these payments. One common question is whether or not child support is taxable. According to the United States Internal Revenue Service, when answering this question, the answer is a potential yes or no. A parent who is paying child support who is confused by the system and how it impacts their personal finances is not alone. Taxes and child support go hand-in-hand and are a common inquiry and concern.

For this reason and many others, it can be beneficial to work with a legal professional who understands how child support is calculated, and allocated, and the impact that it has on the parent that pays. The Denver family law attorneys at the Johnson Law Group can help you with your questions and concerns about child support payments. To learn more and get your questions answered, call today to schedule a free initial consultation at (720) 463-4333 or text-to-chat by dialing (720) 730-4558.

What Is Child Support?

When two parents have a child, they are responsible for the emotional and financial welfare of that human being. If there is a permanent separation of two individuals who have children, a determination of costs must be examined with respect to the children’s needs. It is possible that one parent may have to pay money to support the other parent in their role in raising the children. This money is typically defined as child support.

The money that is assessed for child support payments will be based on every child’s individual needs. The summation of a child’s food, daily costs, expenses to live in a safe home, and clothing are all considered when calculating the appropriate number. Also, the income of one parent to the other may impact how much the paying parent must reimburse the other.

Every state has its own rules, guidelines, and procedures for determining child support payments. Even with these established formulas, there may be extra considerations that may include children who have special needs or a parent who could potentially make money on their own but is incarcerated. These circumstances can greatly impact the final determination of child support.

When Is Child Support Taxable?

As stated by the Internal Revenue Service, child support payments are not deductible by the parent that has to pay them, and they are also not taxable for the parent that receives them. Typically, when it is time to pay taxes, the IRS recommends not including child support received in order to determine the total amount that should be owed under the law.

It is important to note that there is a dependency exemption for each child that may impact a parent’s taxes. In the cases where the court has to interject in a child support case, the court will dictate how taxes are assessed for each parent based on the income of each parent, and what type of financial resources are available to use towards the child. To understand how this process works, the IRS has more information about the tax rules for both separated and divorced individuals in the IRS Publication 504.

However, parents who are ordered to pay child support and who are constantly delinquent may have their right to secure the tax advantage of dependency exemption forfeited. Additionally, parents that have consistent child support delinquencies may also be subject to having their wages garnished, their bank accounts seized, they may lose their driver’s license, or have their passports revoked. Failure to comply with child support payments has serious consequences in the state of Colorado.

Is Child Support Considered Income?

If you are a parent of a child where you are receiving regular payments in the form of child support, this money is not considered income. While you are technically receiving money from your child’s parents, the money is technically for the well-being of your child. As such, this money should go directly toward the food, clothing, necessities, or activities of the child.

Parents receiving child support should typically not include these payments towards their annual taxable income. However, every circumstance will have its own unique set of facts, and visiting with an experienced family law attorney at Johnson Law Group can help you understand all of your rights and obligations.

How Visiting With a Family Lawyer Can Help Your Child

In most cases, child support is not the only issue facing a parent. When issues of child support arise, they are often accompanied by child visitation schedule challenges or even issues of safety and care of a child. If you have any issues related to your child, or to your divorce, consider visiting with an experienced family lawyer who can help you understand how all of the pieces can fit together to ensure that your legal rights, and the legal rights of your children, remain protected.

Speak to a Colorado Family Law Attorney in Denver Today

Making a determination regarding how much child support you owe, how it will be paid, and how it will affect your personal finances and taxes is incredibly important. Working with a Denver family law attorney at the Johnson Law Group can help ensure that all of your legal questions are answered. To schedule a free initial consultation to discuss your unique situation, please call (720) 463-4333 or text-to-chat by dialing (720) 730-4558 today. If you have questions about if your child support is taxable, call today for more information.

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Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
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