claiming child support as deduction on taxes

[confused33]

Due to a recent issue, I went through my divorce paperwork again. I was reminded of an area of settlement involing the taxes and who claims our daughter. In there it states the mother gets to claim the daughter every year for the tax deduction and the father (me) gets to claim the amount of child support I pay as a deduction. I have inquired to my tax preparer and the IRS if this is legal and they both said no. So, how did a judge sign off on this and how am I suppose to get it enforced? Any suggestions?

 

[jharris352]

The Judge just missed it. You can NOT do that. If you want some equity you need to take her back to court to get the agreement modified.

 

[Duranie]

I am not a tax preparer or an attorney BUT the custodial parent normally gets the tax deduction EXCEPT if the court specifically awards it to the NCP. If I were you, go back to court and ask for the deduction at least every other year. Also, child support is not tax deductible, I don't think. So I am not sure what part you think is illegal. The mother gets the deduction since the court awarded it, that is normal. You should have read the divorce paperwork better. Now the child support being written off as a deduction, that does not sound right.