Divorce "Tip of the Day:" Who Gets To Claim the Children as Dependents?

Did you realize that there are other issues involving children, in a divorce, besides child custody, child visitation, and child support, which you need to discuss with your divorce attorney?

The tip for today involves who gets to claim the kids as dependents. In other words, while you are planning your divorce from your worthless spouse, "Sluggo," you might want to consider who should get to claim your children as dependents on your income tax returns. Now, this is not a tax advice blog and you should, of course, consult with your attorney and/or accountant before doing anything. Also, generally, the party who has primary physical custody and provides most of the support for the children will likely be entitled to claim the kids. But here are at least a few ideas for you to consider when negotiating a settlement agreement with Sluggo over who gets to claim the kids on their tax returns. In other words, this is often a negotiable matter.

As divorce lawyers, we have seen some clients elect, in the settlement agreement, to take all the kids as their own dependents. Others, when there are two or more children, may negotiate to let each party take at least one child as a dependent. (It would be to your advantage to take the youngest child as your dependent, so you will get to take the deduction/exemption longer).

Finally, one other idea for you to consider, in cases in which one party makes significantly more money than the other party, is for the party making the most money to get all the dependants, but provided you both agree in the settlement agreement to split the amount realized.

So, you see, this is another topic involving children, which you might not have thought of, and which you need to discuss with your divorce attorney!