Are attorney’s fees tax deductible for child support payments?

In New York, attorney’s fees related to child support payments may be tax deductible, depending on the situation. If the taxpayer is paying to defend him or herself in a child support legal action, those fees may be deducted as a miscellaneous itemized deduction on a federal tax return, as long as the total deductions add up to more than 2% of the adjusted gross income and are not subject to the 2%-of-AGI limitation. Alternatively, the taxpayer may be able to claim the attorney’s fees as a legal expense for the purchase of a child support order. The attorney’s fees would be considered as part of the expense of obtaining the child support order, and would then be tax deductible. To qualify, the fee must be paid to a qualified attorney and have been incurred for the purpose of obtaining a court order to enforce child support or custody rights. In either case, the taxpayer should consult with a tax professional to be sure they are adhering to the correct laws and regulations. Accounting for attorney’s fees related to child support payments may be complicated, therefore it is important to understand all applicable tax laws before deducting any expenses.

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Are attorney’s fees tax deductible for child support payments?

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