Regarding who qualifies for child exemptions and tax credits after divorce depends on which parent is the custodial parent – the parent with whom the child lives for most of the year.
The law says that only one parent may claim a child as a dependent on his or her tax return – making him or her entitled to tax credits and deductions. It is possible, however, for the custodial parent to release that right to the non-custodial parent on a permanent basis or on alternate years. The couple would then share the right to claim the child-related exemption and credits.
Certain requirements must be met before the non-custodial parent can qualify for the exemption:
· The parents must be divorced at the end of the year or have lived separately during the last six
months of the year
· The custodial parent has to sign a written declaration releasing his or her rights for the year
· The child must be in the custody of one or both parents for more than six months of the year
· Over half of the child’s support for the year must be provided by one or both parents
This can be a complex matter. If you have questions regarding claiming your child at the end of the year, the easiest way to make this choice is to contact an experienced Orange County Family Law attorney who can help you sort out your options.
