Who Gets to Claim the Kids on Taxes After Divorce~2 min read

After a divorce in Texas, the right to claim dependent children on taxes usually depends on your custody arrangement and what is written in your divorce decree. The IRS rules generally favor the parent with primary custody, but you and your ex-spouse can agree otherwise in writing.

When you divorce in Texas, one important financial question is who gets to claim the children as dependents for tax purposes. This decision can have a real impact on your tax return, so it is worth understanding how the rules work.

How the IRS Decides Who Can Claim the Children

In most cases, the IRS allows the parent who has the child for the majority of the year to claim them as a dependent. This parent is considered the custodial parent for tax purposes, even if both parents share custody under Texas law. The number of nights your child spends with you usually determines this status.

Can You and Your Ex-Spouse Make a Different Agreement?

Yes, you can. Parents sometimes agree that the noncustodial parent will claim a child for certain years or for specific tax benefits. If you make this arrangement, the custodial parent must sign IRS Form 8332 to release the claim for that tax year. This form allows the other parent to use the dependency exemption and related credits.

Why This Matters for Your Taxes

Claiming a child can qualify you for tax benefits such as the Child Tax Credit, the Earned Income Tax Credit, and certain education credits. However, some benefits, like the Earned Income Tax Credit, can only go to the custodial parent. Understanding which credits apply to you helps you plan your finances better after divorce.

Addressing Disputes

If you and your ex-spouse cannot agree, the IRS will follow its rules and look at where the child lived for most of the year. Having a clear agreement in your divorce decree can reduce the chance of future disputes.

Contact Springer & Lyle

Tax rules after divorce can be confusing, and the wrong choice could cost you money. At Springer & Lyle, we can help you understand your rights and make sure your divorce agreement addresses who can claim dependent children. Call Daniel Abasolo at 940-387-0404 to schedule a consultation and make informed choices for your future.

Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.