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Who can claim the child tax credit in divorce?

On Behalf of | Apr 1, 2024 | Family Law |

Federal income taxes are filed differently after divorce. If this is your first year filing as a divorced parent, you may be wondering whether you can claim the child tax credit.

Below is some important information to consider when filing your income tax return.

The tax credit is income-based

Single filers earning no more than $75,000 can claim the tax credit. For those filing as head of household, the salary cap for claiming the tax credit is $112,500.

You must be the custodial parent

To claim this tax credit as a divorced spouse, you must be the custodial parent of at least one dependent minor child.

You can address this matter in your divorce

You and your co-parent can agree who claims this tax credit and other deductions in a separation agreement or divorce judgment as long as child residency requirements are met. This agreement could be used to offset other arrangements in the eventual property settlement in your divorce.

Seek guidance from your tax preparer

It is always prudent to loop in your professional tax preparer whenever there are substantive changes in your tax situation or obligations. It is also important to know that tax returns can be amended when necessary to avoid any misrepresentations or mistakes.

Divorce is challenging for both parties involved. It can be a confusing time for Pennsylvania residents who want to remain compliant with all state and federal laws while still taking advantage of all available tax breaks. Learning more about your rights and responsibilities under the law may make your filing experience better when going through divorce proceedings.