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Who Claims a Child on Taxes After Divorce or Separation?

Who Claims a Child on Taxes After a Custody Case?

The IRS usually gives the most tax benefits to the custodial parent. But there are ways to change the default rule.
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Updated: 2022-03-07
How to Find a State Child Custody Lawyer
 
How to Enforce a Child Custody Order in State

When parents divorce or separate, the law allows only one of them to claim their child as a tax dependent. By default, the IRS gives this right to the custodial parent—that is, the parent with whom the child lives for more than half of the year. But there are ways to change the default rule and give child-related tax benefits to the non-custodial parent.

Choose your state from the list below to learn:

  • Which Parent Gets the Child Tax Credit After a Divorce
  • When a Non-Custodial Parent Can Claim the Child Tax Credit
  • Who Claims a Child on Taxes When Parents Have Joint Custody
  • How the Child Tax Credit Works [more]

Legal Consumer - Law. Jurisdictional relevance: The content of this article pertains to all US states and counties.

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