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    aguisylmar's Avatar
    aguisylmar Posts: 3, Reputation: 1
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    #1

    Feb 7, 2011, 12:14 PM
    Do I have to pay retroactive child support?
    In 2002 when we got divorce, the court settled the amount of Support that I was going to pay, the mother of my kids was supposed to pay for the health insurance coverage,(however she dropped the coverage), for the past 8 years I have paid health, dental and vision coverage, for my 2 sons, my oldest son is now 23, She now has filed with child support services to have my salary revised so I can give her more money, Do I have to pay any retroactive child support because I've have been earning more money these past years?

    Do I get any break(credit) because I have paid for the health coverage all these years?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 7, 2011, 12:23 PM

    Whether you get the tax credit depends on how the decree is written.

    You should have taken her to Court when she wasn't paying the insurances and had her held in contempt; she should have taken you to Court when she realized you were making more money.

    It's a wash - she will get higher support (if it's warranted) based on the date she filed.

    You may or may not be able to claim the deductions.
    aguisylmar's Avatar
    aguisylmar Posts: 3, Reputation: 1
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    #3

    Feb 7, 2011, 12:53 PM
    Sorry, when I mentioned credit about the health insurance, I meant credit from the new child support amount that I would have to pay,(or in the case that I owed her any money)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 7, 2011, 01:06 PM

    IRS holds that you cannot claim child support payments as an expense and the custodial parent does not claim them as income.

    Is that what you are asking?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Feb 7, 2011, 05:14 PM
    Quote Originally Posted by JudyKayTee View Post
    IRS holds that you cannot claim child support payments as an expense and the custodial parent does not claim them as income.

    Is that what you are asking?
    I think what the OP is saying he would like credit for carrying the health insurance. Like if support was ordered at 500 and he's already paying out 300 for insurance. Then adjusted support would be 200.

    That is what Im getting from what Im reading.

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