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Child Custody & Taxes

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Questions about Taxes and Child Custody

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

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

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