Alimony payments:
- Usually must be included in the gross income of the recipient
- Can be deducted by the payer (if all requirements are met)
- The divorce agreement may designate alimony as nontaxable and nondeductible
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Marrying someone with children
from a prior relationship can create a variety of income tax questions. Here are some points to consider.
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Child support payments:
- Ordinarily considered nontaxable income of the recipient
- Are not deductible by the payer
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Dependency exemptions:
- Ordinarily, the custodial parent is entitled to claim the exemption, regardless of who pays child support
- The noncustodial parent can claim the exemption if the custodial parent agrees in writing or it's part of the divorce agreement; IRS Form 8332 should be used by separated or divorced parents and attached to the noncustodial parent's tax return
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Medical expenses deduction:
- Custody of the child isn't required
- Claiming the child as a dependent isn't required (although you must be eligible to claim the child as a dependent)
- Medical expenses are only deductible to the extent they exceed 7.5 percent of adjusted gross income on the tax return
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Child and dependent care credit:
- Can only be claimed by the custodial parent
- Must be for child-care expenses incurred so you can work
- Can claim, if qualified, even if you're not claiming the child as a dependent
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Child (and additional child) tax credit:
- Can claim, if qualified, for a child you claim as a dependent
- Custody of the child isn't required
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Education credits (Hope credit, Lifetime Learning credit):
- You must be claiming the child as a dependent
- You must have paid qualified tuition and/or related expenses
- Child must be a qualified post-secondary school student (Hope credit only)
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