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What If I Want To Claim My Child On My Taxes?


Claiming children is part of filing taxes most parents are familiar with, but when parents divorce, sometimes there is confusion about who will be claiming children moving forward. After all, both parents may have become used to claiming the kids when they filed their taxes jointly, and if they are choosing to co-parent, an agreement will need to be reached.

A range of factors may be assessed when determining who should claim a child or if that tax exemption should be rotated from year to year. When negotiating a divorce in the Tampa area, having a Tampa family lawyer working to protect your interests means you can enter your post-divorce life with confidence.

Meeting Qualification and Exploring Alternate Years

In Florida and throughout the US, there are rules about when parents can claim their children on their taxes. One or more of the following will need to be true in order for a minor to qualify as your dependent on a tax form.

  • A 19-years-old child who is a dependent.
  • As a full-time student, a child aged 24 or younger.
  • The kid resided with the parent for 6 months of the year or more.
  • Dependent is not supporting themselves financially.

Because there is a rule that a parent who has children living with them for six months or more can claim the child, there is typically no issue about who will be claiming children if there is one custodial parent and one parent with visitation rights. But it is important to know that the IRS does not look into each case, they will simply grant the first parent who makes the claim.

Often, spouses who exit a marriage and choose to co-parent will opt to alternate years since the children are not living with one parent for over six months, the time is equally shared. Of course, the financial picture will need to be fully assessed to determine if this is a fair resolution.

Discuss Finances and Taxes with an Attorney

When you hire a Tampa family lawyer, you will have a professional working to achieve the optimal divorce agreement terms for you. It is difficult and upsetting to have to go through adjusting terms later. Crafting a thorough divorce agreement now will reduce the likelihood of another legal battle later. For this reason and others, have all financial details, including who will be claiming children if a co-parenting agreement is in place, reviewed and assessed.

Do you have strong feelings about who should have the right to claim kids on their taxes? Part of determining which spouse should claim the kids, or if claiming children should alternate, will depend on a full review of your and your spouse’s financial resources. Before agreeing to divorce terms put forward by your spouse and their attorney, talk to a lawyer about your situation. When you connect with the legal team at Blair H. Chan, III you will have experts on your team, professionals who put your needs first. Call 813-202-7831 to schedule a consultation.

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