The child custody agreement will provide valuable insights into a child’s care and support during a divorce. In many cases, though, it may not outright answer who can claim a dependent on taxes after a divorce. Most of the time, the parent the child spends more time with can do so. However, there are a few factors to consider regarding this process, and it is best that you speak with a Sherman Oaks divorce lawyer from Diarian & Bociaga.
Determining the Primary Caretaker
Under most divorce agreements and child custody arrangements, the custodial parent has the right to claim a child as a dependent on their taxes. This means the custodial parent typically receives any associated tax breaks as a result.
In situations of shared custody, especially 50/50 custody agreements, it can be challenging to know who has this right. The law only allows one parent to claim the child as a dependent on their taxes. In situations where you and your ex are on good terms, the simplest of options is to rotate years, with one parent claiming the child one year and the other the next. This allows both parents to have tax benefits every other year.
In situations where this is not the case, the decisions are more complex when it comes to taxes. For example, the savings may be more substantial if one parent claims the child over the other based on income and other financial factors. Yet, the other person may benefit more from that boost come tax return time.
What Happens When You Cannot Agree?
There are situations in which the court will allow both parents to work out an agreement. If that does not happen, you may ask the court to decide on this matter. It is critical to pursue these steps with the help of an attorney to minimize the risk of complications later.
If you believe that you have the right to seek a tax break as the custodial parent, and the other parent files their taxes first, therefore making it impossible for you to claim the child, seek legal guidance. Remember that it is critical that only one party claims the dependent. If they do not have the right to do so, as noted under the custody agreement, our legal team can help you pursue solutions.
How Our Legal Team Can Help You
At Diarian & Bociaga, we understand the complexity that comes with situations like this. When you are facing legal challenges, financial difficulties, and frustrating conversations with your child’s other parent, we strongly encourage you to reach out to an attorney who can guide you.
There are several ways we can help you in this situation:
- Explore what the custody agreement in your case says. This is the starting point. It will clarify most situations.
- Work with your child’s other parent to navigate a fair strategy for everyone if negotiations cannot happen between the two of you easily.
- Provide you with guidance on your legal options. We know that you need an advocate, and we can be there for you.
Call Our Sherman Oaks Divorce Attorneys Help You Navigate Your Options.
Contact Diarian & Bociaga now to handle your family law matter. Learn more about who can file taxes with the dependent in your situation before the tax season gets too far advanced. Contact us now for a consultation.