I have to pay directly to the mother 250 a month in child support. Now this is not waged garnish but actually taxed in my income. How do I claim this as I am paying more?

[maddisondaddy20]

I therefore pay 250$ a month then the taxes of my income as it is not waged garnish. How do I get back the additional tax money for this?

[Opus 17 · Accepted solution]

Child support is not tax deductible.  You pay the same tax no matter whether it is garnished or paid voluntarily (the same as if the child lived in your home and you paid for food, clothing, etc.)  

[maddisondaddy20]

It is being taxed as I then after to pay it after all the taxes are out of of my check. Meaning I pay the support from my Net, making that income taxed when it should not be.

[xmasbaby0]

Why do you think the income used to pay your child support should not be taxable?  Child support is not deductible.

[Opus 17]

You are making a false assumption.  Child support always comes from your net after tax income, whether you pay it to grocery and clothing stores as a parent living in the home with the child, or pay it to the other parent as a result of divorce or separation.

Alimony or spousal maintenance is often tax deductible but child support is always paid after taxes.

[maddisondaddy20]

You all were wrong. If it is thru the Court of Common Pleas it is not sent to the Employer to Deduct, it has to be sent to me. Support is out of the gross where it is not Taxed and then the remaining Gross is then taxed after the support it taken out. I had to file a form along with it as I was paying 250 plus the taxes of that 250 from my Net to the month. That is what I am looking for.

[Opus 17]

No, your assumption is simply wrong. Child support is always paid out of your net after-tax income. It would be paid out of your net after-tax if you wrote the check and it is paid out of your net after-tax if it is deducted from your pay.

[maddisondaddy20]

In PA its paid out of Gross Then the remaining amount is taxed. That is what I did with HR Block and then there was a form they had to file with it to get the amount of tax I paid out of it that I should not be.

[becky79]

Your incorrect. Child support is always deducted from your net pay even if it is garnished via a court order. I am giving you this info out of personal experience as my husband pays child support for his son and we are also in PA. His entire income is taxed then child support is taken out of his net pay. It is your taxable income and has to be claimed as such.

[maddisondaddy20]

No, Child support is not taxed prior to fed ss coming out, the remaining after the support is then taxed. I have proved this with turbotax already. No support is taking from my checks, its not handled by domestic relations, its handled personally with the mother and I. I have to submit additional forms to get the additional money paid in taxes back for the past two years now.