Who Can Claim Dependents for Tax Purposes After the Divorce?

It is officially tax season, and for those individuals who have recently gone through a divorce, they may be asking themselves who gets to claim the children, otherwise known as dependents, for tax purposes. There are two primary things that are looked at when determining who can claim children. If you are looking to get divorced or have questions about claiming dependents, let the divorce lawyers at Levitsky Law Firm PLLC assist you.

Divorce Decree Claiming Dependents

One of the first things that should be looked at when determining who can claim dependents for tax purposes after the divorce is the divorce decree or child custody decree. In many cases, one or both of these decrees will list which parent can claim the dependents. The decree may state that one party can claim the children on odd years and the other parent on even years, or the decree may state who gets to claim the children and why.

IRS Rules on Claiming Dependents After Divorce

If the decree does not state who can claim the children for tax purposes after a divorce, IRS rules should be followed. IRS has tie-breaker rules, such as who has the child for more days out of the year, that can be followed to determine who can and should claim the child or children as dependents on their taxes.

How Can An Attorney Help You When It Comes to Claiming Dependents After a Divorce?

It is important that you understand who is legally allowed to claim the child or children as dependents, as you can be penalized for claiming them when you are legally not allowed to. A great divorce attorney will ensure that your decree clearly lays out the rules for who can claim the dependents every year. If the decree has already been issued, an attorney can help you understand when and if you can claim your children on your taxes.

Are You Looking to Hire a Brighton Beach Divorce Lawyer? Schedule a Consultation With Us Today!

Going through a divorce alone can be challenging. As such, you should have a Brighton Beach divorce attorney to help you through the legal process. If you are going through a divorce, let the team at Levitsky Law Firm PLLC represent you. Call us today to schedule a consultation with one of our divorce lawyers.