Is Child Support Tax Deductible California Divorce

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Today, we’re talking about alimony and spousal support and we’re talking about taxes specifically related to spousal support and child support in California.

And we’re referencing the State of California Franchise Tax Board the publication they put out regarding this.

So we’re not giving legal advices. I just want to make sure that’s clear.

The question we’re answering today based of the publication is can I deduct child support payments?

Now well I think this is a fairly commonly understood question. We did want to get this out on video.

So directly from the State of California Franchise Tax Board, the question is, ‘Can I deduct child support payments?’

No. It starts with no, you cannot. It says here ‘Child support is not considered alimony. If your Divorce Decree or other written instrument or agreement calls for alimony and child support any paid less than the total required the payments applied first to child support any remaining amount is then considered alimony.’

Okay, so, first off no the Franchise Tax Board says child support you cannot deduct child support payments that you pay.

You cannot deduct that. You can only deduct alimony payments.

And you can look for the videos we’ve recorded regarding the alimony payments and how the Franchise Tax Board addresses those as well as Family Support as well.

So the simple answer no is child support payments are not considered to be something that you can deduct from you taxes if you’re paying spousal support and child support, the spousal support portion is and if it is considered family support based on this last statement here about the payments applied first to child support is interesting.

I think I might do another video right after this one regarding that because what this is saying if you have a family support order and the family support order is let’s say $500 a month and it specifically says 400 of that is child support only the difference only the $100 could be determined as could be tax deductible that alimony portion of the Family Support.

So I think I’ll do a separate video on that as well.

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