Learning Center
We keep you up to date on the latest tax changes and news in the industry.

Tax Benefits for Divorced Parents: Who Claims the Kids?

Divorce is not only an emotionally challenging experience but also brings complexities in financial matters, especially concerning the children. A key issue that frequently arises is identifying which parent can claim the kids for tax purposes, a decision that significantly affects eligibility for child-related tax benefits.

Qualifying Criteria for Dependents

Before any claims can be made, ensuring a child meets the “qualifying child” criteria is imperative:

  1. Relationship Test: The child must be your son, daughter, stepchild, foster child, or a descendant (e.g., grandchild) of any of them. Alternatively, they could be your brother, sister, half-sibling, stepsibling, or their descendant, like a niece or nephew.

  2. Age Test: The child should be under 19 years old at the end of the year and younger than the taxpaying parent (or their spouse if filing jointly). Alternatively, if they are a student under 24 years or permanently disabled, they qualify regardless of age.

  3. Residency Test: They must live with you in the U.S. for over half of the year.

  4. Joint Return Test: The child should not file a joint return unless it’s purely for a refund of tax withheld or estimated tax paid.

Image 1

Furthermore, to classify as a student, the child must engage in a full-time course at an accredited institution for at least five months a year. This excludes correspondence and online schools.

Custody and Tax Implications

  1. Custodial Parent: Typically, the parent with whom the child spends more nights a year qualifies as the custodial parent, empowered to claim the child’s dependency. This parent is eligible for several benefits, like the Child Tax Credit and the Earned Income Tax Credit (EITC).

  2. Shared Custody: In instances where physical custody is equally shared, only one parent can claim the child. IRS tiebreaker rules resolve disputes if both attempt to claim the child.

  3. Family Court vs. IRS: Federal tax laws override family court decisions regarding who claims a child. The IRS mandates the custodial parent, by tax law definition, has the right unless the claim is relinquished to the non-custodial parent.

Image 3

IRS Tiebreaker Rules

  • The parent with whom the child spent more nights during the year receives the claim.
  • If time was equally split, the parent with the higher adjusted gross income (AGI) takes the claim.

Essential Tax Credits and Deductions

  1. Child Care Credit: Exclusive to the custodial parent, this credit assists with childcare costs, allowing the parent to work or seek work. It remains valid even if the dependency exemption passes to the non-custodial parent.

  2. Child Tax Credit: By claiming the child, a parent can receive up to $2,000 per child under 17, with income influencing the credit amount.

  3. Earned Income Tax Credit (EITC): The custodial parent benefits from this, independent of dependency exemption status, ensuring non-custodial parents don't misuse EITC.

  4. Education Credits: Only the dependent-claiming parent can access lucrative credits like the American Opportunity Credit and Lifetime Learning Credit.

  5. Student Loan Interest Deduction: This deduction helps qualify parents reduce taxable income, provided they claim the child as a dependent.

Schedule a Complimentary Consultation
Choose from our locations and meet with one of our qualified staff members. If you prefer to secure a Virtual Meeting via Zoom or Phone, please contact our offices at 877.908.1040
Schedule Here

Image 2

Assessing Support and Taxation

  • Financial Contributions: These encompass housing, food, clothing, education, and other vital expenses. The parent covering over half of these expenses influences benefits and custodial status.

  • Custody and Support: Physical custody as per tax rules doesn't necessarily align with who provides the bulk of financial support.

Navigating Tax Choices in Divorce

  • Dependency Release: Special rules allow non-custodial parents to claim a child if specific IRS criteria, including the execution of IRS Form 8332, are met.

Special conditions apply for non-custodial claims, including parents being divorced, legally separated, or separated with written agreements.

  1. Child must receive over half of their support from both parents.
  2. Child must reside with one or both parents for over half of the year.
  3. The custodial parent must formally release the claim via IRS Form 8332.

Consideration of Filing Status

  • Head of Household Benefits: Divorcees aiming for head of household status can benefit from favorable tax brackets and increased deductions. Qualifying involves meeting specific residency and financial criteria.

Collaborative Tax Planning

Consulting with an ex-spouse and a tax advisor like TaxDrx isn’t just wise—it’s essential. This collaboration ensures optimized tax benefits, mitigating potential pitfalls and leveraging strategic advantages.

Divorce can muddle tax laws surrounding child benefits. However, with adept planning and informed decision-making, parents can optimize their financial outcomes for their children's benefit. At TaxDrx, we pride ourselves on guiding clients through such intricate scenarios.

Schedule a Complimentary Consultation
Choose from our locations and meet with one of our qualified staff members. If you prefer to secure a Virtual Meeting via Zoom or Phone, please contact our offices at 877.908.1040
Schedule Here
Share this article...

Want tax & accounting tips and insights?

Sign up for our newsletter.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .

TAX DRx at a Glance

Our expertise is widespread and we have multiple office locations to make it convenient for you to get help. You can find us at:

TAX DRx Corporate Headquarters

502 Centennial Ave
Cranford, NJ 07016
(Grd St Pkwy - Ext 136)
(877) 263-1041

NYC - Harlem Franchise Office

2123 Frederick Douglass Blvd
New York, NY 10026
(8th Ave & 115th St.)
(Subway B, C, Bus M3)
(877) 263-1041

TAX DRx - Hillside

*Charles Dort, Managing Partner*
1568 Maple Ave, Store #1
Hillside, NJ 07205
(Corner of Conklin Ave)
(877) 408-1048

TAX DRx, dba/ TaxJohn

TaxJohn Tax Services
121 Park Ave
Plainfield, NJ 07060