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Child Custody & Taxes

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One of the biggest questions I am asked as a family law attorney around this time of year is about taxes. More specifically, about who can claim the children as dependents for tax purposes. Divorced or separated parents want to know:

  • Can both parents claim the child?
  • How does the IRS decide which parent gets the tax benefits?
  • How does my court custody order affect a deduction?

Unfortunately, the dependency tax exemption cannot be split, so one parent or the other typically makes this claim. Typically, the parent with primary physical custody is granted the right to claim the child for tax purposes. But, it is not always that simple.

The Court may consider several factors if it has to get involved and decide who gets to take the tax deduction:

  • Whether the non-custodial parent will be paying the majority of the child support
  • The incomes of the parties
  • The tax consequences for each parent

Hopefully, the decision of who to claim your child or children is one made abundantly clear based on your custodial time and finances. But, if it is not, be sure to consult an attorney to help you assert your right before April 15th.

Client Testimonials

They are amazing! I highly recommend anyone that is in need of assistance with child support hearings to seek out the expertise and experience of this law firm and staff! They handled my case quickly and I feel that my money was put to good use. Much appreciated! Nothing less than five stars!

Alana Deverson

I just want to say GREAT JOB! She is a no nonsense professional with years of experience that qualifies her as a skilled Family Law attorney. She is seasoned, sensitive, and most of all she cares. She made things easy for me. Definitely recommend!

Kimberly Colby

Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected.

A Family Law Client Chevy Chase , MD

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