Can You Claim a Child on Your Taxes in Miami If the Child Does Not Live With You?
Going through a divorce is challenging, and the process becomes even more difficult when your children are involved. After everything is said and done, you have joint custody over your child.
Time goes by, and it’s almost tax season. Before the divorce, you claimed your child on your taxes, but now they don’t live with you full-time.
So what do you do? Can you claim your child as a dependent if they don’t live with you full time?
In this article, we will discuss whether or not you can claim a child on your taxes in Miami when they don’t live with you full-time.
Navigating the divorce process can be difficult. Thankfully a family lawyer can help. If you need help with your divorce, establishing child custody, or other family matters, contact a lawyer from Vasquez de Lara Law Group.
Call us today to schedule your free consultation.
Overview of IRS Rules for Claiming Dependents
To understand whether or not you can claim a child on your taxes if they don’t live with you, it’s important to go over the IRS rules for claiming dependents.
According to the IRS, you cannot claim any dependents if you could be claimed as a dependent by another taxpayer. Additionally, you cannot claim a dependent who is not a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico. Another guideline is that you cannot claim a married person who files a joint return.
Finally, you cannot claim someone as a dependent unless they are a qualifying child or a qualifying relative.
Who Is a Qualifying Child?
So, who is eligible as a qualifying child? The IRS states that a qualifying child must be your:
- Son
- Daughter
- Stepchild
- Foster child
- Brother
- Sister
- Half brother
- Half sister
- Stepbrother
- Stepsister
- Descendant
Note that, in this context, an adopted child is considered your own child, so they also qualify.
Additionally, the child must be under the age of 19 and younger than you. However, a qualifying child can be under 24 if they are a full-time student. Finally, a qualifying child can be any age if they are permanently disabled.
Other requirements of a qualifying child include:
- The child must have lived with you for more than half of the year.
- The child must not have provided for more than half of their own support for the year.
- The child isn’t filing a joint return for the year.
According to these guidelines, you can’t claim your child as a dependent if they have not lived with you for more than half of the year. A court order may also allow you to claim your child as a dependent.
When Can a Non-Custodial Parent Claim a Child on Taxes?
There is an exception to the residence requirement for a qualifying child if you are a non-custodial parent.
You can claim your child as a dependent as a non-custodial parent if the custodial parent agrees not to claim the child on their tax return. If the custodial parent agrees to this, you have to have the custodial parent sign IRS Form 8332, proving that they allowed this arrangement.
What Are the Tax Benefits of Claiming a Dependent?
If you have joint custody over your child or you are a non-custodial parent, you may think it’s too much effort to claim your child as a dependent.
While this is your decision, you should consider the benefits of claiming a dependent on your tax return, such as:
- You will receive an increased standard deduction.
- You may receive an increased tax credit.
- You may be eligible for the head-of-household filing status.
- You can claim a dependent exemption.
As you can see, there are many benefits of claiming a dependent on your tax return. If you have more questions about this process, contact a family lawyer from Vasquez de Lara Law Group.
How Can a Family Lawyer Help?
Experiencing a divorce may be one of the most difficult life events you go through. Even if the divorce is friendly, it’s still a major life change with various challenges. And if you have children, the divorce process becomes even more complicated.
From establishing custody to calculating child support, there’s so much you have to go through. Working with a divorce lawyer can help make this process go smoothly.
What’s even more important is that a divorce lawyer will protect your rights and help you achieve the best possible outcome from your divorce. They will guide you through this process, offering you legal advice and emotional support along the way.
If you’re going through a divorce and you need help, you can rely on the team at Vasquez de Lara Law Group. We will help you through your divorce and provide you with all the support you need.
Call us today to schedule a free consultation.
