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    bnskinner's Avatar
    bnskinner Posts: 1, Reputation: 1
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    #1

    Jan 15, 2009, 06:45 PM
    Claiming Child Support Payments Without Decree?
    I made child support payments to my spouse in 2008 for 11 months before the divorce was finalized in December 2008. Is there anyway to claim or otherwise file these payments made to my spouse before the divorce decree?
    MLSNC's Avatar
    MLSNC Posts: 158, Reputation: 17
    Junior Member
    		  
    #2

    Jan 15, 2009, 07:43 PM

    Child support payments are not deductible. You need to look at the rules for claiming a dependent to see if you can claim the children as dependents.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 15, 2009, 07:44 PM

    With or without a decree, child support is not tax deductable.

    And you can only claim the child according to the custody agreement rules.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 16, 2009, 08:52 AM
    If the divorce decree specifies who gets to claim the children, then the divorce decree (which is a LEGAL document) rules.

    If nothing is said in the divorce decree, then the custodial parent nromally gets the exemptions UNLESS the non-custodial parent can prove to the IRS that he/she provided over HALF of the children's total support. That is a HARD case to make most of the time.

    Your BEST course of action is to work with your ex to decide who would best benefit from claiming the children, then share the refund.
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