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Legal Perspective on Divorce, Child Tax Credits, and the Child Support System

Posted by Crissy Del Percio | Dec 11, 2019 | 0 Comments

divorce, child tax credits, child support system

Divorce can be an emotionally and financially devastating event. Divorce affects children in various ways, including via tax credits for them. This article investigates legal implications associated with divorce that might impact child tax credits as well as sheds light on its complexities.


Understanding Child Tax Credits

Child tax credits play an integral part in maintaining financial stability for many families, offering respite from the costs associated with raising children. Available credits include Child and Additional Child Tax Credits, each one can make an impactful statement regarding separation or divorce proceedings.


Child Custody Tax Credits

Custody arrangements play a pivotal role in determining who can claim certain tax credits. The Child Tax Credit, in particular, typically goes to the parent who had custody for most of the year. This credit can have an enormously positive effect on custodial parents by significantly lowering their tax liabilities while providing financial relief.


Dependency Exemptions & Child Tax Credits

Before recent changes in tax laws, the dependent exemption was an integral component of eligibility determination for various tax benefits. With current regulations, however, dependency exemptions no longer exist and the focus has shifted towards both Child Tax Credits and credits for dependent expenses as to how eligibility can be established.


Communication and Agreement

Divorcing parents must communicate and reach an agreement regarding child-related tax credit claims to avoid potential conflicts or legal complications during a divorce settlement. Such an agreement must include provisions on who will claim the Child Tax Credit as well as benefits associated with your child while maintaining communication is key for both parties to understand what's expected under any agreement reached between them.


IRS Form 8332

It is crucial to gain the approval of both parents when the non-custodial parent is eligible for certain tax credits. IRS Form 8332 allows custodial parents to transfer these tax credits over to non-custodial parents for one particular year. This form can even be included as part of the divorce agreement to ensure legal clarity.


Impact on Other Tax Credits

Divorce can impact other tax credits as well, including Earned Income Tax Credit and Head-of-Household filing status. These credits may be allocated based on factors like custody arrangements and financial support provided by both parents. Both parties should remain aware of these implications when managing post-divorce finances.


Legal Assistance and Tax Professionals

Due to the complexity of tax laws and their interactions with divorce settlements, legal advice from qualified legal professionals and tax specialists should always be sought. Attorneys specializing in family law may help structure your agreement to accommodate tax credit concerns equitably and help both parties understand their rights and responsibilities clearly. Tax professionals provide insight into ways in which individuals can maximize tax benefits while remaining compliant with applicable regulations.


Divorce can present many difficulties, and its impact on child tax credit should be carefully considered. Parents can navigate this complex world of tax credits more successfully by understanding its legal implications and including clear agreements in their divorce settlement agreement. Legal and tax advice may help smooth this transition for everyone involved, including both parents and children.

If you have questions regarding the topic, or if you want to talk to a divorce lawyer that is definitely recognized through their outstanding services in Kansas City, contact Drama Free Divorce now through this number (816) 615-5555

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 


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