The majority of Texas residents who claim dependents on their tax returns will not experience any complications with having their returns accepted. However, complications can arise in situations in which multiple taxpayers claim the same dependents and related tax credits, such as when separated or divorced parents both decide to report their children as dependents. When this occurs, the Internal Revenue Service will have to review the returns in question and determine which claim should be honored.
When claiming dependents after divorce, determine who claims child after divorce by applying IRS tiebreaker rules divorce and filing form 8332 custody, decide on head of household after divorce, consider alternating years claiming child, secure the divorce tax dependency exemption, track custody nights IRS test, maximize the child tax credit divorce, and follow specific claiming dependents in Texas divorce guidelines.
There are incentives for being able to claim dependents. If they qualify, the parents may be able to file as the head of their household, which can provide a sizable standard deduction. They may also be eligible to claim certain tax credits, such as the Earned Income Tax Credit, the Child Tax Credit and the Child and Dependent Care Tax Credit.
In cases in which multiple parties are claiming the same dependents, if there are no legal agreements in place stating which party should be claiming the dependents (such as a separation, custody or divorce agreement), the IRS will use a certain set of tie-breaker rules to decide which claim should be allowed and which claim should be denied. These rules examine specific factors, including:
- the relationship between the taxpayers and the dependents,
- with whom the dependents resided for the majority of the tax year,
- the adjusted gross incomes of the taxpayers and
- whether there are any parental claims.
It is best for you to address this issue, rather than leave it to the IRS. A family law attorney can work with you to protect the interests and rights of a divorcing parent. The right to claim children as dependents on tax returns after divorce, and to claim any related tax credits, can be a bargaining tool in negotiations in a divorce or custody suit. It should also be included in any final Decree so it is very clear which party has the right.
Dallas Child Support Resources
- Essential Questions About Child Support
- Texas Child Support – Complex Situations
- Guide to Medical & Dental Support in Texas
- Five Ways to Enforce a Child‑Support Agreement
- What Happens to Child Support if You Change Jobs?
- Understanding Child Abandonment
- Visitation Activities for Non‑Custodial Parents
- Custody Conflicts: Five Kid‑Focused Challenges
- Find a Dallas Child Support Lawyer
Dallas Divorce Lawyer Jennifer Hargrave
We’re more than just your attorneys
Ideally, child support is supposed to create a balanced arrangement that helps your child grow and thrive. Child-related expenses, like food, activities, doctor’s appointments, and education fluctuate depending on the age of the child. With the proper agreement, these needs and their possible fluctuations will not compromise the child’s well-being.
We know that being happy with your support order is not easy. It’s one of the many factors parent’s have to consider as they transition into their new post-divorce parenting routines. Hargrave Family Law has worked with families across the DFW Metroplex. Our offices are conveniently located in Farmers Branch, Dallas, Texas. We offer our clients peace-of-mind through excellent legal help and free family law resources on our site. Looking for legal counsel for your family law issue? Hargrave Family Law was founded by compassionate Dallas divorce lawyer Jennifer Hargrave. Give our team a call today.
