Exceptional Marital And Family Law Advocacy

Claiming dependents after a Florida divorce

On Behalf of | Feb 2, 2023 | FAMILY LAW - Divorce |

Divorce brings about a lot of changes for Florida residents like you. In addition to the significant adjustments to your home and finances, there are also a lot of changes to how you file your taxes.

Only one person can claim a child on their taxes after the divorce though. Normally, the parent who has primary custody is the one that gets to claim them as dependents – but it’s not always that simple.

Claiming a child on your taxes

The child tax credit is meant to help parents that are taking care of their children full-time in addition to working. In order to claim the tax credit, there are a few requirements that must be met:

  • The child has to be under 19 years old OR under 24 if they’re a full-time student.
  • The child must be your child – through blood, adoption or fostering.
  • The child must live with you for more than half the year.

There are some exceptions to the above. For example, if your child is permanently disabled, you can claim them as a dependent regardless of age.

Claiming a child when you have equal custody

There are a few different ways to claim a dependent if you and your ex-spouse have equal custody. If you have multiple kids, you and your spouse can each claim one child (or more) on your taxes.

If you have only one child – or an odd number of kids – figuring out who gets to claim them as a dependent might be harder. Most parents alternate, claiming their child on their taxes every other year – but other parents might want a court to decide who gets to claim the dependent.

No parenting plan after divorce is the same, so what you and your ex-spouse do is entirely up to you. It’s okay to take your time to make sure you feel comfortable with the decision you’re making.