Can a Father Claim His Child on Taxes If the Child Does Not Live With Him?

Wondering who can claim a child on taxes and whether this year is your year?

At tax time, many non-custodial fathers wonder if they can claim their child as a dependent when the child doesn’t live with them.

Unfortunately, the answer is not a simple yes or no.

The rules surrounding tax dependents can be complex, and it’s important to understand your rights and eligibility. We’ll explore the legal basis of claiming a child as a dependent, how custody arrangements impact eligibility, exceptions to the general rule, and tips for non-custodial parents looking to claim their child on taxes.

If you feel your rights as a father are being violated when it comes to areas like taxes, speak with an experienced Anderson child custody lawyer to gain a better understanding of your rights and obligations regarding tax dependents.

Do You Have a Legal Basis to Claim Your Child as a Dependent?

When claiming a child as a dependent for tax purposes, the legal basis is pretty simple. The Internal Revenue Service (IRS) defines a dependent as someone who meets certain criteria and for whom you can claim an exemption on your tax return.

So, who can claim a child as a dependent?

Generally, the custodial parent has the right to claim their child on taxes. However, there are exceptions to this rule. For example, if the custodial parent agrees in writing to allow the non-custodial parent to claim the child, the non-custodial parent may be able to do so.

The IRS has specific criteria that must be met to claim a child as a dependent. These include the child’s age, relationship to the taxpayer, and residency. For example, the child must be under 19 (or 24 if a full-time student) and must have lived with the taxpayer for more than half of the year.

Custody Arrangements and Tax Dependents

Regarding custody arrangements and tax dependents, it’s important to understand the difference between legal and physical custody.

Legal custody refers to a parent’s right to make important decisions for their child, such as education, healthcare, and religion. On the other hand, physical custody refers to where the child lives and spends most of their time.

The IRS defines the “custodial parent” as the parent with whom the child lived for the greater part of the year. This means that if the child lives with one parent for more than half of the year, that parent is typically considered the custodial parent. The non-custodial parent, then, is the parent who does not have physical custody of the child for the majority of the year.

It’s important to note that the IRS has specific support and physical custody rules regarding the non-custodial parent’s ability to claim a child on taxes.

Exceptions and Special Circumstances

While the general rule is that the custodial parent has the right to claim the child as a dependent on their taxes, there are some exceptions to this rule.

For example, if the custodial parent waives their right to claim the child by signing a written declaration, the non-custodial parent may claim the child on their taxes. The declaration must include the custodial parent’s name and social security number and the name and social security number of the child being claimed.

In order for the non-custodial parent to claim the child based on a written declaration, several requirements must be met:

• The declaration must be signed by the custodial parent and attached to the non-custodial parent’s tax return.
• The non-custodial parent must provide at least half the child support during the year.
• The child must have lived with the non-custodial parent for over half of the year.

In cases where the custodial parent is unable or unwilling to claim the child as a dependent on their taxes, the non-custodial parent may still be able to claim the child if they meet certain requirements.

Tips for Non-custodial Parents Wishing to Claim Child on Taxes

If you’re a non-custodial parent who wishes to claim your child as a dependent on your taxes, you can do a few things to ensure your rights as a father and increase your chances of success.

Accurate Record-Keeping

First, ensure you have accurate records of your financial contributions to your child’s support. Keep receipts and invoices for expenses like medical bills, school tuition, and other costs related to your child’s care.

It’s also important to have clear documentation of your custody arrangement. This could include a court order, a written agreement between you and the custodial parent, or other legal documentation that outlines the specifics of your arrangement. Make sure you keep this documentation in a safe and easily accessible place, so you can refer to it when necessary.

Seek Legal Help

If you’re unsure about the rules and requirements for claiming a child as a dependent, or if you have any questions or concerns, it’s always a good idea to seek the advice of a qualified Anderson family law attorney. We can help you understand your rights and obligations as a non-custodial parent and provide guidance on how to proceed.

Contact an Experienced Anderson Family Law Attorney

Remember, claiming a child as a dependent on your taxes is a complex process, and many factors can impact your eligibility. By seeking the advice of a qualified professional, you can help ensure that you’re fulfilling your legal obligations while maximizing any available tax benefits.

At Steele Family Law, we understand how difficult child custody, support, and tax burdens can be. That’s why we work to ensure your rights as a father are protected and we’ll approach your family law case with knowledge, care, and determination.

Contact us today to schedule a consultation.