Are legal fees pertaining to a child support case tax deductible?

Asked almost 3 years ago - Garden Grove, CA

My question says it all.

Attorney answers (4)

  1. Brett Ryan Wishart


    Contributor Level 10

    Answered . This is a question better posed to an accountant. However, I believe that your legal fees incurred as a result of a child support case are NOT tax deductible. If it is any consolation, the child support received/paid is also not deductible. Spousal support on the other hand, is charged to the recipient as income and deducted from the payor. It wouldn't hurt to ask an accountant under what circumstances legal fees are deductible.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Phillip Monroe Smith

    Contributor Level 18

    Answered . Child support is not deductible no more than if you could deduct the money you spent if the child were living with you. You may may entitled to the either 1) to claim the child as you exemption or two 2) split the tax exemption with your former spouse. Your right to the exemption may be governed by what the judge ordered in the support order. Review your support order or ask the attorney who represented you in this matter.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  3. Henry Daniel Lively

    Contributor Level 20

    Answered . No, this is a personal expense and not deductible.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more
  4. Christopher James Cook

    Contributor Level 8

    Answered . Generally, any attorney fees related to divorce proceedings including child support is not deductible. However, in some circumstances you may be able to claim a deduction for attorney fees paid for divorce proceedings to the extent that they are incurred to produce income that can be included in your gross income. Spousal support is included in your gross income and any attorney fees paid for spousal support is deductible. However, the rules are different for child support. The receiving parent does not pay tax on child support. Child support is not included in your gross income and so attorney fees in a child support lawsuit are not tax deductible,

    You might also be interested in learning about child support and tax exemptions, visit our links.

    Chris Cook
    Thomas Hogan Law Office
    331 J St. #200
    Sacramento, CA
    Tel. #: (916) 756-0243

    Legal Disclaimer: The answer above should not be relied upon as legal advice. The information provided above is... more

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