Who Claims Children On Taxes?

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The information contained in this blog is for educational purposes only and is not legal advice.  The use of this blog does not create an attorney/client relationship between you and the Law Offices of Wallitsch & Iacobelli.  If you are considering separation or divorce, or if you are involved in any legal matter including, but not limited to present divorce proceedings, custody proceedings, or support proceedings, or any other legal matter, you should seek formal legal advice and would strongly urge you to retain an attorney.

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Question: My spouse and I are presently separated, who is entitled to claim our children as a tax deduction?

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Answer: IRS Code §152 provides that the parent who has custody of the children is entitled to the dependency deduction for minor children unless the parties specifically agree otherwise and sign the requisite Form 8332. If you and your spouse are divorced and your Property Settlement Agreement is silent as to which parent is entitled to claim the dependency deduction, the same rule applies. However, in a situation where you and your spouse share custody, equally, and your Property Settlement Agreement is silent as to the dependency exemption, the IRS Rules provide that the dependency exemptions go to the higher earning spouse.
Attorney Iacobelli has experience in drafting Property Settlement Agreements to properly allocate dependency exemptions so as to benefit both parties and the children to ensure that the maximum income is available for the support of the children.

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