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

The answer to this question is generally no, attorney’s fees are not tax deductible for child support payments in the state of Virginia. According to the Internal Revenue Service (IRS), any fees, court costs, or other expenses related to establishing and/or enforcing an obligation for child support are not considered deductible. The federal Tax Cuts and Jobs Act (2017) further clarifies that any payments made for child support in Virginia are not deductible and will not count as an itemized deduction. Furthermore, wages garnished or amounts withheld from an employee’s wages for child support payments are non-deductible. This applies even if the child support payments were ordered by a court or agreed upon by the parties. In circumstances where attorney’s fees are paid as part of a lump sum, and the lump sum includes an amount designated for back child support that was calculated by a state child support agency, then the entire lump sum payment may be deductible. However, it is important to note that this may vary depending on the individual’s situation. In conclusion, attorney’s fees are generally not tax deductible for child support payments in the state of Virginia. It is recommended to consult a tax professional to ensure compliance with applicable tax laws prior to filing a tax return.

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