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Who Claims the Children on the Taxes After a Divorce?

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Tax laws and regulations can vary, and it’s essential to consult with a tax professional or legal advisor for specific guidance tailored to your situation. However, the following is general information regarding claiming a child as a dependent after divorce in the United States.

In the context of divorce and taxes, the custodial parent is generally the one entitled to claim the child as a dependent on their tax return. The custodial parent is the one with whom the child lived for the greater part of the year.

However, there are situations in which the custodial parent may choose to release the claim to the noncustodial parent. This typically involves the custodial parent signing a written declaration (Form 8332) allowing the noncustodial parent to claim the child as a dependent for a specific tax year.

It’s crucial to establish clear agreements regarding tax issues during the divorce proceedings and to keep accurate records. Consulting with a tax professional or legal advisor can help ensure that you are following the applicable laws and regulations in Missouri and meeting any specific requirements outlined in your divorce agreement.

Keep in mind that tax laws can change, so it’s important to stay updated on any relevant updates or modifications to the tax code.

At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work.  Contact us for a consultation at (314) 314-5505.

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