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Divorce and Taxes – Who Gets to Claim the Kids? An Expert Wheat Ridge Divorce Lawyer Explains

On Behalf of | Feb 16, 2018 | Divorce |


When you are getting divorced in Wheat Ridge, Arvada, or Westminster, there are a list of things that you need to make decisions on. This list becomes exponentially longer when children are involved. One of the things that is often overlooked is a plan for who will get to claim the children on their taxes. Because previously you had filed your taxes jointly as a married household, this is not something you likely have ever had to deal with. It’s best not to make assumptions when the time comes to file, as the IRS does not allow any dependents to be claimed by more than one person. If that happens, there can be serious consequences.

Who Gets to Claim the Children After a Jefferson County Divorce?: What the IRS Says

The IRS has strict standards identifying which parent should claim the dependent after a divorce in Jefferson County. Basically, it comes down to who has the children more. The IRS states that the custodial parent is who should claim the kids as long as:

  • The dependent is under the age of 20, or a full-time student under the age of 24;
  • The dependent lives with the parent for more than half the year; and
  • The parent provides at least 50% of the financial support to the dependent.

This can be tricky when a parent splits custody 50/50. It can literally come down to the number of overnights. If parent one has the children for 183 nights and parent two has them for 182, then technically parent one would be the qualifying parent.

Is Following the IRS Standards the Only Option in Golden and Lakewood?

The IRS does not care who claims the children unless multiple parties have claimed the same dependent. That is the only time they get involved. Otherwise, you and your former spouse can come to an agreement regarding who claims the children and have it added into your divorce decree or marital agreement. You can agree to take turns claiming the child with an every other year schedule. If you share multiple children, you could agree to each claim one of the children. If you can’t come to an agreement, you can even ask the judge to order the non-custodial parent be able to claim the children due to income disparities. An experienced Golden and Lakewood divorce attorney will be able to discuss all these options with you and help you come to the best resolution.

If you are getting divorced, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 for a phone consultation.

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