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Child Support Is Always Tax-Neutral
While alimony is considered a taxable event, child support is always tax-neutral, meaning it doesn't affect taxes in any way. This can provide an incentive to the ex-spouse who is making the payments to attempt to classify part of child support payments as alimony, especially as state laws increasingly complicate the requirements for support. In recent years, for instance, parents have been required to make payments for college education. No matter how big the check - or how long a parent has to write it - the tax-neutral rules still apply.
Couples with minor children must also decide which spouse takes the dependency exemption, the childcare credit, and medical deductions for a dependent child. As long as the divorcing spouses negotiate and honor their agreements in good faith, they can save themselves money and aggravation.
Resources & Tools
INNOCENT SPOUSE RULE -- Section 434(c)(1) of the Internal Revenue Code protects an innocent spouse from tax fraud prosecution under certain conditions. This rule mainly protects women who innocently sign returns while married to men who controlled the finances. An innocent spouse can be protected from liability if 1) a joint return was filed, 2) the return contains a "grossly erroneous" error, 3) he or she establishes "lack of knowledge," and 4) it is "inequitable" to impose the tax on him or her. This rule does not protect the spouse from any legitimate tax obligations for which he or she is responsible under joint and several liability.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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