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Generally, after October 10, 2002, legal fees paid to obtain spousal support or an increase in spousal support amounts, to make child support nontaxable, or to collect late support payments may be deducted by the person who paid the fees. Similarly, legal fees paid to enforce child support orders are deductible. Finally, where a person receiving support pays legal fees to defend against an action brought to reduce those support amounts, those fees may be deducted.

From the point of view of the payor of support, the CRA takes the position that legal fees paid to defend against claims for support or increased support are not deductible.

Back to Article: Divorce and Money Matters Can be Taxing

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