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Child Support and Taxes

For newly divorcing spouses, whether preparing taxes on your own or through a paid tax preparer, one typical question involves how child support payments are treated. Parents should know the tax laws and how these payments are treated.

For the parent who pays child support monies to a former spouse, these payments are not tax deductible, according to federal tax law. In other words, this is an expense that cannot be claimed as a deduction. The Internal Revenue Service (IRS) treats these payments as a personal family expense, as they would consider expenses for raising a child in the same household. Simply because one parent pays child support to the other does not create a new category of deduction, according to tax law.

For the parent who receives the payments, these are also not considered part of the gross income required to be reported for tax purposes. The average person my think this applies, but there is an important exception for child support in the applicable section of the IRS Code, which states that it is not income.


Child support payments are just one aspect of divorce that parents find challenging. As in most legal issues and with periodically changing tax law, the guidance of a skilled family lawyer is strongly recommended to ensure your rights are protected. Other complex tax and legal issues in divorce that benefit from professional legal advice can involve alimony payments, property and estates, and other debt and assets. Prior tax laws deemed alimony tax deductible. However, the Tax Cuts and Job Act (TCJA) changed alimony tax deductions for divorces filed in 2019.

Child Custody

Other issues of child custody and taxes include the question of which parent is entitled to claim the child as a dependent. Both parents cannot claim the child as a dependent and the IRS typically allows the parent who has physical custody to claim the dependent. However, if the other parent has documented proof that they contributed more than 50 percent of the child’s support, that parent may claim the exemption. In this matter, it is essential to have professional guidance regarding the proper tax filing forms when submitting a federal tax return.

West Chester Divorce Lawyers at the Law Office of Deborah M. Truscello Assist Clients with Child Support Matters

If you have a concern about child support, the West Chester divorce lawyers at the Law Office of Deborah M. Truscello have experience representing clients in child support cases. We provide experience and empathy throughout the entire process. Located in Media, Pennsylvania, we represent clients throughout Media, Delaware County, and West Chester. Please contact us online or call us at (610) 892-4940 for a free consultation to discuss your case.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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Reasonable Rates & Fees

For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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Why Clients Choose Deborah

Heather A
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!

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