I am often asked as a Saratoga Child Support Lawyer about claiming the children on your taxes if you pay full child support. If your spouse has primary custody of the children and you are paying full child support, it does not mean that you are able to take the children as dependents on your tax returns. Under the Internal Revenue Code, the custodial parent has the right to claim the children as dependents. This is an issue that is often negotiated when we’re negotiating an agreement. I advise clients as a Saratoga Child Support Lawyer that depending upon the amount of support paid and the relative financial circumstances of the parties, we may agree on behalf of our client or recommend that there be a negotiation that the dependency exemptions be divided between the parties.
If you have questions about claiming your children on your taxes, contact our experienced Saratoga Child Support Lawyers.