With tax season approaching, it is important to ensure that all of your ducks are in a row before you file. If you are newly divorced, this can include figuring out whether you can claim your children on your taxes.
Unfortunately, both parents are unable to claim their children on their taxes, even if they have joint custody. If both parents do claim their children on their tax returns, they are subject to penalties from the IRS. To determine which parent can claim their children on tax returns, it is best to first check your child custody agreement.
Check Your Child Custody Agreement
There will either be a named parent who can claim the children on their tax returns in your child custody agreement, or there may not be a parent named.
A Named Parent
You and your child’s other parent should have negotiated which parent would claim their children on their tax returns in your child custody agreement. This agreement creates the opportunity for the noncustodial parent to be named the parent who can claim their children on taxes since typically that right is reserved for the custodial parent.
This is legally enforceable, so if the non-named parent does claim their children on their returns, they can be liable to penalties and fines. If there is a named parent in the child custody agreement and both parents suggest a change, the agreement can be modified.
No Named Parent
If there is not a named parent who can claim their children on tax returns, then that right is typically reserved for the custodial parent. If both parents cannot agree, then this may be taken to court, where a judge will rule which parent can claim their shared children on their taxes.
San Diego Child Custody Lawyers
The legal team at Embry Family Law P.C. is experienced in deciphering child custody arrangements. If you are unsure of how to identify which parent has the right to claim their shared children on their taxes, call a trusted child custody lawyer to help you understand your custody agreement.
If you have questions about your child custody agreement, call our child custody attorneys today at (619) 485-6476. Together, we can walk through your agreement and answer any questions you may have.