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Child Support

 

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Child support is not deductible by the payer, and it does not have to be claimed by the recipient. Your decree should include a definitive ending period for support not related to the age or any life changes of your children.

A special rule applies for determining who gets the exemption for kids in the case of a divorce or legal separation. If you're the custodial parent, you can claim them as a dependent. However, the noncustodial parent can claim the Dependent Exemption and the Child Tax Credit with the consent of the custodial parent. The custodial parent can "release" the child for this purpose using Form 8332.

The custodial parent may still qualify as Head of Household, and may be eligible for the Care Credit, Exclusion for Care Benefits and Earned Income Credit for that child. The noncustodial parent can't claim these benefits even though that parent can claim the exemption.

Custody should be spelled out clearly in the decree. If there's any confusion, the IRS may have cause to disaffirm the claiming rights of either parent.

Head of Household Status
Several factors will determine if you're eligible to file as Head of Household:
You have to be either unmarried or considered unmarried on the last day of the year. A qualifying person must have lived in your home for more than half the year. You must have paid more than half the cost of keeping up your home for the year. You must file a separate tax return,  your home must have been the main home of your child, stepchild or eligible foster kids for more than half the year; and you must be able to claim an exemption.

If a person is your qualifying child, then they are a qualifying person even if you can't claim the exemption. But if they are married, they are not a qualifying person unless you can claim an exemption for them. Any other person is a qualifying person only if you can claim the exemption for that person. See IRS Publication 501 for more detail about the rules for a person who does not qualify.

Support Information
for Parents & Guardians
Payments
your payment information - income withholding & other ways to pay - getting payments by Visa debit card or direct deposit - payment timelines - how support is paid out

Court orders (for support & medical support)
setting support amounts - changing an order - ending support - calculators & worksheets - repaying birth costs

Support services
types of services - services provided - fees for services - applying for services

Legal fatherhood (paternity)
what is legal fatherhood - why it is important - how to establish legal fatherhood

More support information available includes:
for the paying parent - for the parent getting support - who does what in support - support & aid/benefit programs - rights & responsibilities - forms & guides - court forms & resources

Other resources for parents & guardians
tax information for parents - custody & visitation - programs to help families - much more

In family law and government policy, support or maintenance is the ongoing practice for a periodic payment made directly or indirectly by an "obligor" to an "obligee" for the financial care and support of children of a relationship or marriage that has been terminated, or in some cases never existed.

Sometimes, but not always, the obligor is a non-custodial parent. Sometimes, the obligee is a custodial parent, caregiver or guardian, or the government.

Depending on the jurisdiction, a custodial parent may pay support to a non-custodial parent. Typically there is no gender requirement to child support. Where there is joint custody, the kids are considered to have two custodial parents and no non-custodial parents, thus a custodial parent (obligor) will be required to pay the other custodial parent.

In family law, support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.

The right to support and the responsibilities of parents to provide such support have been internationally recognized.

The 1992 United Nations Convention on the Rights of Children, a binding convention signed by every member nation of the United Nations and formally ratified by all but Somalia and the United States, declares that the upbringing and development of kids and a standard of living adequate for development is a common responsibility of both parents and a fundamental human right for children.
 

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