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Illinois Laws Concerning Tax Deductions for Child Support

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    Non-Custodial Parent

    • Overall, child-support payments are not deductible from the payor's tax return. There are specific situations where child-support payments may be used as a deduction from the tax return.

    Custodial Parent

    • Child-support payments are generally not reported as income on the recipient's tax return. The custodial parent and recipient of the child support payments will only claim income from other sources on the tax returns.

    Exception

    • Occasionally, the parent paying the child support can use an exemption known as the income tax dependency exemption. Sometimes, this exemption can be split up between the parent paying the child support and the parent receiving the child support. The amount of the tax deduction and whether or not this can be used is at the discretion of the court. In some situations, courts have declared the parent paying child support is entitled to the dependency exemption on his taxes on alternate years.

    Court's Discretion

    • At the time of the divorce proceedings the court will rule on the tax deduction issue, if the matter is brought up by the non-custodial parent.

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