{"id":351680,"date":"2016-04-04T10:45:57","date_gmt":"2016-04-04T15:45:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-support\/child-support-and-taxes-q-a.html"},"modified":"2024-10-17T12:19:00","modified_gmt":"2024-10-17T17:19:00","slug":"child-support-and-taxes-q-a","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-support\/child-support-and-taxes-q-a.html","title":{"rendered":"Child Support and Taxes Q&A"},"content":{"rendered":"\n
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Child Support and Taxes Q&A<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A cornerstone of state child support guidelines is that the support is "income-driven," which means it is determined primarily by the income of the parties. Child support is not considered income for taxes purposes. <\/p>\n\n <\/div>\n\n

Navigating family law can be complex, especially when it comes to child support and taxes. The subject area of child support<\/a> is a volatile one, but when you add tax implications, the combination becomes complex. A cornerstone of state child support guidelines is that the support is "income-driven," which means it is determined primarily by the income of the parties. <\/p>\r\n

Thus, it’s vital that parents understand what funds can be considered income under the child support guidelines.<\/p>\r\n

This FAQ-style article aims to address some frequently asked questions about the intersection of these two subjects. Whether you’re dealing with a child support order, figuring out the effects of a court order on your bank account, or understanding the role of child support services, this article has you covered.<\/p>\r\n

My ex-spouse is delinquent in paying child support. The attorney general has filed some sort of paperwork with the IRS to withhold my ex-spouse’s tax refund. How would I receive the withheld refund?<\/h2>\r\n

The answer is different for each state. If your ex-spouse owes past due child support, the federal government can withhold their federal tax refund. This action is done in accordance with federal law. Once the Internal Revenue Service<\/a> (IRS) takes the refund, it sends the money to the child support agency handling your child support case.<\/p>\r\n

The agency will then disburse the funds to you, either by direct deposit in your bank account or a check. If you’ve provided your bank account for direct deposit, expect the process to be quicker.<\/p>\r\n

For any additional information, contact your caseworker or the child support agency. You also may need to contact the U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement<\/a> for state-specific information.<\/p>\r\n

When a person is married to someone who owes child support, is there any way to find out if I need to file an injured spouse claim before I file a return?<\/h2>\r\n

Yes. If you think your tax refund might be taken because of your spouse’s child support obligation or other debts like alimony or spousal support, you can file a Form 8379<\/a>, known as the Injured Spouse Claim. Before filing your return, check with the child support agency or a family law expert to see if your refund might be at risk.<\/p>\r\n

Can I file my return electronically even though I am filing a form 8379, Injured Spouse Claim and Allocation?<\/h2>\r\n

Absolutely! The IRS allows electronic filing<\/a> (e-filing) of your return even if you include the Form 8379. Just ensure you provide all necessary information and follow the guidelines. Remember, e-filing usually results in faster processing of your return and any refund you might be owed.<\/p>\r\n

If two single people who have never married have a child and live together while providing equal support for that child, can they both claim head-of-household status?<\/h2>\r\n

In such a situation, only one person can claim the child as a dependent. This is typically based on the parent’s income or other factors. The person who claims the child as a dependent may file as head of the household. The other parent cannot claim the head of household status based solely on that child.<\/p>\r\n

My husband and I have provided a home for my sister and her son for the past seven months. She receives no child support from her ex-spouse, and she doesn’t work or have any income of her own. Can I claim her and her son as dependents?<\/h2>\r\n

Your sister and her son need to qualify as dependents for you to claim them on your taxes. There are four tests that must be met for someone to be a qualifying relative:<\/p>\r\n