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Can non-custodial parents claim dependents for tax?

On Behalf of | Mar 21, 2025 | Child Support |

Tax season brings many questions, especially when children are involved. Understanding who can claim a child as a dependent can significantly impact your tax obligations and child support calculations. Let us explore how Washington, DC law, addresses these issues.

Who can claim a child as a dependent?

In Washington, DC, the custodial parent is generally the parent with whom the child lives most of the year. This parent is usually the one who can claim the child as a dependent on their taxes. However, there are exceptions. If you are the non-custodial parent, you may claim the child your ex-spouse agrees to sign the IRS form that allows the custodial parent to release their claim to dependency exemption for the tax year.

Before you can claim a child, you must meet several requirements which include:

  • Having a child under age 19. Also, as an exemption, an adult under 24 years old if a full-time student or permanently and totally disabled.
  • Living with your child for more than half the year, though there are exceptions for temporary absences.
  • Providing more than half of the child’s financial support.
  • Being legally divorced or separated under a divorce or separation instrument or have always lived apart during the last six months of the calendar year.

If you meet these conditions, the non-custodial parent can claim the child as a dependent based on the IRS rules and guidelines.

How does this affect child support calculations?

Child support calculations in Washington, DC, consider several factors, including each parent’s income and the number of children. Tax benefits such as dependency exemptions can indirectly influence these calculations. If a non-custodial parent claims a child as a dependent, it might affect the overall financial picture considered in setting or modifying child support orders. The DC Superior Court follows specific guidelines when determining child support obligations, ensuring that you meet your child’s needs while considering your financial situation.

How can you seek clarity on tax implications?

Understanding the nuances of tax law and child support can be challenging. Consulting with someone who understands family law can give insight how these laws apply to your situation. Their advice ensures you know your rights and obligations regarding child dependency claims and child support.

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