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What about Child Support?

How does that figure into Income for the MAGI Line 37* of 1040 – Subsidy calculation?

  1. Child Support doesn’t show as income on the 1040, but alimony shows on line 11, thus child support doesn’t count toward subsidies, Health Care.Gov  * IRS.Gov  per MAGI definition.
  2. Who is taking the deduction for the children?
    1. A taxpayer’s family means the individuals for whom a taxpayer properly claims a deduction for a personal exemption under section 151.
    2. See the definition of MAGI – Modified Adjusted Gross Income  (CFR 36B) on our website.
      1. Thus, if the non-custodial parent is claiming the deduction for the children, the subsidies would be worked out on their income, not the parent who has primary custody.
  3. So, the parent taking the deduction, would have the subsidies based on their income and deductions.  Child support would still be included in income, as it’s not deductible.
    1. Alimony would be though.
  4. Is there Employer coverage available?
    1. 9.66% Affordability Rul CFR 1.36B2  (a) (2) That might  knock out subsidies too.

For a full analysis it’s imperative that you view our other pages on the Advance Premium Tax Credit and check with competent legal and tax professionals.  If you would like to talk to a professional tax advisor about this try Bruce Bialosky [email protected]  310.273.8250

Did this page answer all your questions? Scroll down  to our Q & A section to ask them and we will respond. You do not have to leave your name.

Problems with your Child Support Order?
Links & References

Child Support Calculator

Child Support Handbook

California  Courts Self Help Section on Child Support

Court order to maintain health insurance  #FL 470

child support.ca.gov

child support guidelines.com

Child Support does not count as Income (IRS.Gov)

First of all, I’m not a CPA or Tax attorney.  Please run my analysis by your professional before taking the Advance Premium Tax Credit.  This credit basically works like W-4 withholding.

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The Office of the Family Law Facilitator assists parties with child support, spousal support and health insurance issues No charge.

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Family Law

Covered CA - Countable Sources of Income -
Getting to MAGI and Line 37 or 7 AGI

Covered CA - Countable Sources of Income

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Child Support Handbook

California Child Support Handbook

 

Los Angeles County Child Support Unit
Application for Child Support Services California  Courts Self Help Section on Child Support

 

THE DUTY TO SUPPORT ADULT DISABLED CHILDREN
child support guidelines.com

Support of Grandchild ……   3930

Liability to Others Who Provide Support for Child   3950-3952

COURT-ORDERED CHILD SUPPORT

General Provisions 4000-4014

Statewide Uniform Guideline  4050-4076

Enforcement by District Attorney 4200-4205

Child Support Commissioners 4250-4253

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2 comments on “Child Support

    • Here’s an excerpt from the CA Child Support Handbook:

      Cooperating with other states, countries, and tribunals

      A parent owing support sometimes moves out of California. However, every state and many foreign countries or tribunals have an agency to enforce child support orders. Although laws differ from state to state, all child support agencies work with each other to locate parents and their assets, and to collect current and past-due child support. Federal law requires every state to enact the Uniform Interstate Family Support Act (UIFSA) so states can work together to establish and enforce child support orders. Some foreign countries do not have agreements to establish and enforce child support orders from the United States.

      Here’s some links I googled on collecting out of country:

      Israel and the U.S. entered into a federal-level Memorandum of Understanding (MOU) under the terms of which Israel and the United States each express its intent to process child support requests for the other. acf.hhs.gov

      43 percent of divorced fathers in Israel don’t pay child support haaretz.com

      US State Department on International Child Support

      Hague Convention

      Practical Handbook for Caseworkers under Hague Convention

      Prohibition on Leaving the Country
      For parents who fear that the other parent will leave the country, some safeguards are already in place. If the obligated parent owes $4,000 or more in child support arrears, his or her passport application will be denied and any existing passports can be revoked.HG.org

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