Are attorney’s fees tax deductible for child support payments?
No, attorney’s fees are not tax deductible for child support payments in Washington. This is because the Internal Revenue Service (IRS) does not consider child support payments to be "above-the-line" deductions. In other words, you cannot deduct them from your taxable income as an itemized deduction. Child support payments in Washington must also be made through the Washington State Department of Social and Health Services (DSHS) or through direct payment. Direct payments are payments made outside of DSHS, and they are not tax deductible. When filing taxes, if you have made child support payments, you are eligible to claim the child and dependent care credit, which is a credit against taxes owed. You may also claim the credit for any payments which are still owed and unpaid. Finally, if you are the recipient of child support payments, in Washington you must include any child support payments that you receive as part of your gross income when filing taxes. Therefore, you cannot deduct any attorney’s fees related to the payments from your taxable income either.
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