Can both parents claim a minor child as a dependent for tax purposes if they are divorced or separated?
Can both parents claim a minor child as a dependent for tax purposes if they are divorced or separated?
The short answer: yes, but with a caveat. If you're divorced or separated, and you have custody of and claim a child as your dependent on your federal income tax return, then yes, both parents can still claim the child as a dependent. For example, if the mother claims the child on her tax return, then the father can also claim the child as a dependent on his tax return. However, there is one limitation to this rule: the parent who claims the child as their dependent cannot also claim any other children as dependents on their tax return.
The IRS has specific rules about claiming dependents when you're divorced or separated. First of all, it's important to note that each divorce or separation is different, so it's best to consult with your former spouse before deciding how to claim your children on your respective tax returns. Generally speaking, however, there are two possible scenarios for divorced or separated parents: (1) where each parent provides at least 51% of the child's support; and (2) where only one parent provides more than 10% of the support for the child.
If you have any questions or need a Tax Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
