Southern California Family Law Blog

Spousal Support_2 tax

Spousal support is tax deductible if you are providing financial support to your former spouse.

When you get a divorce, you may be ordered to pay your ex-spouse spousal support each month. You are probably wondering how this will impact your taxes when you file.

Taxes and Spousal Support

Typically, spousal support is tax deductible for the payer provided:

• The money is paid in cash, money orders, or checks
• You and your ex-spouse are not living together, and
• The support is not considered child support

In most cases, you must claim your spousal support deduction on line 31 of federal Form 1040.

Spousal support is considered taxable income for the receiver. If you receive spousal support, you need to report it as taxable income on federal Form 1040 line 11, and also on your California tax returns.

For those in same-sex marriages, it is important that you seek advice from an experienced family law attorney during your divorce. Tax laws for spousal support involving same-sex marriages may not be the same as those for other married couples.

Your family law attorney can help you understand what affects spousal support may have on your taxes as well as how long you can expect to pay or receive spousal support. Your attorney can also help you eliminate or reduce spousal support obligations in certain cases.

Child Support Tax Laws

Child support is not tax deductible. If you pay child support, you cannot deduct it on your federal tax return. If you receive child support, you do not need to report the support as taxable income.

Keep in mind that if your support was designated “family support” or if the agreement doesn’t specify how much of the total support is for child support, than the entire amount would have to be reported by the recipient as taxable income.

Contact the Spousal Support Attorneys at Wallin & Klarich

Wallin & Klarich has been successfully handling spousal support and other family law matters for more than 30 years. We know our clients are often in the middle of difficult transition. That is why we’re committed to helping you navigate the complex legal process. When you place your trust in our spousal support attorneys, you rely on our promise to work hard to get the best possible outcome in your case.

With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura, there is an experienced Wallin & Klarich spousal support attorney available wherever you happen to live or work.

To speak with an experienced California spousal support attorney about your case, call us today at (888) 749-7428. We will be there when you call.

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