Blankenship Massey & Associates, Attorneys at Law
  • Home
  • About
    • Attorneys
      • Blankenship, Randy J.
      • Massey, C. Ed
      • Taylor, Joe
    • Client Testimonials
  • Practice Areas
    • Personal Injury
      • Animal Bites
      • Car Accidents
      • Personal Injury FAQ
      • Slip And Fall Accidents
      • Wrongful Death
    • Family Law
      • Child Custody And Visitation
      • Child Support And Spousal Support Maintenance
      • Division Of Assets
      • Divorce
      • Divorce For Business Owners
      • Gray Divorce
      • Post Divorce Modifications
    • Bankruptcy
      • Chapter 13
      • Chapter 7
      • Foreclosure
      • Repossession
      • Wage Garnishment
    • Criminal Law
      • Domestic Violence
      • Drug Charges
      • DUI
      • Felony Offenses
      • Sex Crimes
      • Traffic Offenses
    • Employment Law
    • Military Law
      • Courts Martial And Administrative Separation
      • Divorce And Military Benefits
      • Military Appeals
      • Military Divorce And Child Custody
    • Workers Compensation
      • Injuries And Occupational Diseases
    • Consumer Protection Cases
  • Blog
  • Contact
Select Page

Which parent gets to claim dependents after a divorce?

On behalf of Blankenship Massey & Associates, Attorneys at Law | Mar 13, 2019 | divorce, Firm News

Tax season is unpleasant for many Kentucky residents. However, it can provide even more challenges for parents who have recently divorced. Claiming dependents on a tax return is relatively simple for married parents, but things can get a bit more complicated for those who have split up.

For example, tax credits like the Child and Dependent Care Tax Credit, the Child Tax Credit and the Earned Income Credit can save taxpayers a great deal of money on their returns. Unfortunately for divorced or separated parents, those credits can only be claimed by one of them. That means that ex-spouses need to reach an agreement on who will claim the credits or ask the Internal Revenue Service to determine who will get to claim the credits.

Under tax credit tiebreaker rules, the IRS gives preference first to parents over non-parents, then to parents who live with the children most of the year, and then to parents who have the highest adjusted gross income, or AGI. In cases where neither taxpayer is the parent and neither parent attempts to claim the credit, the taxpayer with the highest AGI gets preference. In situations where unmarried parents live together with the children all year, the IRS allows the parents to choose who will claim the credits. It should be noted that the IRS does not automatically apply tiebreaker rules to tax returns. Instead, the first parent who files his or her tax return gets the credits. If the other parent objects, he or she must contact the IRS for assistance.

The end of a marriage can be complicated and emotional for parents. However, a family law attorney could represent a parent’s interests and negotiate fair agreements on important legal matters, including child custody, child support, alimony, and property division. Legal counsel could also draft an agreement on who will file for dependent tax credits.

Recent Posts

  • What is the difference between robbery and burglary?
  • Fatal collision victims’ families can receive damages for losses
  • What types of debt can Chapter 7 bankruptcy cover?
  • When can I file a claim for a dog bite injury?
  • The faster you speed, the harsher the penalties

Archives

  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017

Categories

  • adoption
  • Bankruptcy
  • blog
  • child custody
  • Criminal Defense
  • divorce
  • family law
  • Firm News
  • military family law
  • Motor Vehicle Accidents
  • Personal Injury

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Learn Your Legal Options Before You Make A Decision

For a free consultation, please call 859-905-0936 or fill out the form below.

BBB Accredited Business A+ Rating
C. Ed Massey
Rated by Super Lawyersloading ...
Randy J. Blankenship
Rated by Super Lawyersloading ...
NKY Chamber Of Commerce

Erlanger Office

504 Erlanger Road
Erlanger, KY 41018

Get Map & Directions

Erlanger Map

Phone: 859-905-0936

Erlanger Office & Dry Ridge Office

Toll Free: 800-491-9956

Fax: 859-426-9001

  • Follow
  • Follow
  • Follow
Review Us

Dry Ridge Office

20 South Main
Dry Ridge, KY 41035

Get Map & Directions

Dry Ridge Map

Phone: 859-905-0936

© 2019 Blankenship Massey & Associates, Attorneys at Law. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters