I pay child support with child care built into the child support. I am curious to know if I'm able to have that portion of the child support be used for the child care deduction. Child custody agreement/child support breakdown has the amount I pay in the legal document. The state I'm in is Georgia.
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No. Child support is not deductible to the parent that pays and not income to the parent that receives it at the federal level and state level in Georgia.
In addition, only one person can use the same qualifying child. If a child is the qualifying child of more than one person, only one person can claim the child as a qualifying child for all of the following tax benefits:
If the parents cannot decide who claims the child, the tiebreaker rules come into effect.
Under the Tiebreaker Rule, the Child is Treated as a Qualifying Child Only By:
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