Grandville, MI asked in Child Support and Tax Law for Michigan

Q: If a man is giving ex $ for child (not court ordered child support) can he claim that money on his taxes?

Ex told him if he claims that money, the courts will then make it court ordered child support instead of them being able to continue with their current arrangement. She lives in Ohio with the son. He lives in Grand rapids, MI.

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: You cannot deduct child support on your taxes (only alimony). The person receiving the child support does not pay taxes on the money received. If you are talking about taking the child as a dependent that depends on who provides over half the support for the child. Generally the person that provides more than half the support is allowed to take the child as a dependent. The noncustodial parent may be treated as the parent who provided more than half of the child's support if the custodial parent signs a Form 8332. I have many clients who do not have formal child support agreement's and take their child as a dependent.

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