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Introduction

Navigating the complexities of federal tax laws can be challenging, especially for divorced or separated parents who share custody of their child. When custody is split 50/50, the question of who gets to claim the child on their federal taxes becomes particularly important. This article aims to provide a comprehensive guide on federal taxes with 50-50 custody, focusing on the specific considerations for parents in Texas. We will cover the relevant tax laws, the rules set by the Internal Revenue Service (IRS), and practical advice for resolving potential conflicts between parents.

Understanding Custody Arrangements

What is 50-50 Custody?

In a 50-50 custody arrangement, both parents share equal time and responsibility for their child. This means that the child spends an equal amount of time living with each parent and that both parents are equally involved in making important decisions about the child’s welfare.

Federal Tax Laws Pertaining to Child Custody

Key Terms and Definitions

Before diving into the specifics, it’s important to understand some key tax terms and definitions related to claiming a child as a dependent:

  • Qualifying Child: To claim a child as a dependent, the child must meet certain criteria set by the IRS, including relationship, age, residency, and support tests.
  • Custodial Parent: The custodial parent is the one with whom the child lives for a greater number of nights during the year.
  • Non-Custodial Parent: The non-custodial parent is the one with whom the child lived for fewer nights.

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IRS Rules for Claiming a Child

The IRS has specific rules for determining who can claim a child as a dependent in cases of divorced or separated parents. These rules are outlined in IRS Publication 501 and IRS Publication 504.

Custodial vs. Non-Custodial Parent

In general, the custodial parent has the right to claim the child as a dependent. This is because the custodial parent is presumed to provide the majority of the child’s support. However, there are exceptions to this rule:

  • Form 8332: The custodial parent can release their claim to the dependency exemption by signing IRS Form 8332. This form allows the non-custodial parent to claim the child instead.

  • Divorce Decree or Separation Agreement: If the divorce decree or separation agreement specifies which parent can claim the child, the IRS will generally honor this agreement.

Special Considerations for Texas Parents

Community Property State

Texas is a community property state, which means that most property acquired during the marriage is considered jointly owned by both spouses. However, when it comes to claiming a child as a dependent, the community property rules do not directly apply. Instead, the IRS rules take precedence.

Legal Agreements

In Texas, divorced or separated parents often have a legal agreement or court order that outlines custody and support arrangements. These agreements can also specify who gets to claim the child on their taxes. It is crucial for parents to follow these legal documents to avoid conflicts and potential legal issues.

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Steps to Determine Who Claims the Child

  • Review Legal Documents: The first step is to review any divorce decree, separation agreement, or custody agreement that addresses the issue of claiming the child on taxes. These documents can provide clear guidance on who has the right to claim the child.
  • Calculate Nights Spent: If the legal documents do not specify, the next step is to calculate the number of nights the child spent with each parent. The parent with whom the child spent the most nights is generally considered the custodial parent.
  • Consider Form 8332: If both parents agree, the custodial parent can sign Form 8332 to allow the non-custodial parent to claim the child. This can be beneficial in situations where the non-custodial parent can gain a greater tax benefit from the dependency exemption.

Benefits of Claiming a Child as a Dependent

Claiming a child as a dependent on federal taxes can provide several significant benefits:

  • Dependency Exemption: Although the personal exemption has been suspended through 2025 under the Tax Cuts and Jobs Act, previously, it allowed for a reduction in taxable income for each dependent claimed.
  • Child Tax Credit: The Child Tax Credit is worth up to $2,000 per qualifying child, with up to $1,400 being refundable if the credit exceeds the tax liability.
  • Earned Income Tax Credit (EITC): The EITC is a refundable tax credit for low to moderate-income working individuals and families, which can be significantly higher when claiming a child.
  • Head of Household Filing Status: The custodial parent might qualify for the more favorable Head of Household filing status, which provides a higher standard deduction and lower tax rates.

Avoiding Tax Disputes Upon Divorce

Proactive lawyers, like ours, can discuss several things with you before you file for divorce to ensure you are avoiding tax disputes before they come. This includes:

  • Clearly Define Tax-Related Clauses in the Divorce Decree:
    • Dependency Exemptions: Clearly specify which parent will claim the child(ren) as dependents for tax purposes each year.
    • Head of Household Status: Outline which parent will be eligible to file as Head of Household.
    • Child Tax Credits: Assign the rights to claim child tax credits, including the Child Tax Credit and any applicable Additional Child Tax Credit.
    • Education Credits: Address who will claim education-related tax benefits, such as the American Opportunity Tax Credit or Lifetime Learning Credit.
  • Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent):
    • Ensure the custodial parent completes and signs IRS Form 8332, releasing the claim to the dependency exemption to the non-custodial parent, if applicable. This form should be included with the non-custodial parent’s tax return.
  • Address Child Support and Alimony:
    • Make clear distinctions between child support and alimony (spousal support), as child support is not tax-deductible or taxable, whereas alimony may have tax implications depending on when the divorce was finalized.
  • Document Agreements Thoroughly:
    • Keep detailed records of all agreements and ensure they are included in the final divorce decree. This includes agreements on who will claim which tax benefits, and any alternations to these agreements.
  • Coordinate with Tax Professionals:
    • Encourage both parties to work with tax professionals to understand the tax implications of their divorce agreement and to ensure they are compliant with tax laws.
    • Consider involving a Certified Public Accountant (CPA) or tax attorney in the divorce proceedings to provide specialized advice.
  • Parenting Plan and Physical Custody:
      • Ensure the parenting plan clearly outlines physical custody arrangements, as the IRS typically grants the dependency exemption to the custodial parent (the parent with whom the child spends more than half the year).
  • Address Future Changes:
    • Include provisions for potential future changes in circumstances, such as changes in income, custody arrangements, or tax laws, and outline how these changes will be handled.
  • Communication Between Parents:
    • Encourage open and clear communication between parents about tax issues to avoid misunderstandings and disputes.

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Resolving Disputes Between Parents

Disagreements between parents about who gets to claim the child can arise, especially in a 50/50 custody arrangement. Here are some strategies to resolve such disputes:

  • Negotiate and Compromise: Parents can negotiate and reach a compromise. For example, they can agree to alternate years in which each parent claims the child.
  • Mediation: If parents cannot reach an agreement on their own, they may consider mediation. A neutral third party can help facilitate a resolution that is acceptable to both parents.
  • Court Intervention: As a last resort, parents can seek a court order to resolve the dispute. The court will consider the best interests of the child and the specifics of the custody arrangement.

Claiming a child on federal taxes in a 50/50 custody arrangement in Texas requires careful consideration of IRS rules, legal agreements, and practical strategies for resolving potential disputes. By understanding the relevant laws and taking proactive steps, parents can navigate this complex issue and maximize the benefits of claiming a child as a dependent. If you find yourself in a situation where you are unsure or facing disagreements, seeking professional advice from a tax expert or family law attorney can provide clarity and ensure you are making informed decisions.

Frequently Asked Questions (FAQs)

1. Can both parents claim the child on their taxes if they have 50/50 custody?

No, only one parent can claim the child as a dependent on their federal tax return in any given year. The IRS rules and the terms of any legal agreement will determine which parent can make the claim.

2. What happens if both parents try to claim the child?

If both parents claim the child, the IRS will apply tie-breaker rules. Generally, the parent with whom the child lived for the greater number of nights during the year will be allowed to claim the child. If the child spent an equal number of nights with each parent, the parent with the higher adjusted gross income (AGI) will be allowed to claim the child.

3. Can parents alternate years for claiming the child?

Yes, parents can agree to alternate years for claiming the child as a dependent. This agreement should be documented in writing to avoid disputes and confusion.

4. How does Form 8332 work?

Form 8332 is used by the custodial parent to release their claim to the dependency exemption, allowing the non-custodial parent to claim the child. The form must be signed by the custodial parent and attached to the non-custodial parent’s tax return.

5. What is the Child Tax Credit, and how does it work?

The Child Tax Credit is a federal tax credit of up to $2,000 per qualifying child under the age of 17. Up to $1,400 of this credit can be refundable, meaning it can result in a refund if it exceeds the tax liability.

6. Can the custodial parent always claim the Head of Household filing status?

To qualify for the Head of Household filing status, the custodial parent must have paid more than half the cost of keeping up a home for the year and have a

qualifying child living with them for more than half the year. Simply having 50/50 custody does not automatically qualify a parent for this status.

7. How can parents avoid disputes over who claims the child?

Parents can avoid disputes by clearly outlining their agreement in legal documents, keeping detailed records, communicating regularly, and seeking mediation or court intervention if necessary.

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Final Thoughts

Navigating the tax implications of a 50/50 custody arrangement requires a clear understanding of IRS rules, legal agreements, and practical strategies. By staying informed and proactive, parents can ensure they are making the best decisions for their family’s financial well-being. If in doubt, consulting a tax professional and family law attorney can provide the necessary guidance and support.

Varghese Summersett is a premier criminal defense firm based in Fort Worth, Texas. Our attorneys focus exclusively on criminal law and represent clients charged with crimes at both the state and federal level. We handle everything from DWI to capital murder to white collar crime. Collectively, our attorneys bring together more than 100 years of criminal law experience and have tried more than 550 cases before Texas juries. All of our senior attorneys served as former state or federal prosecutors and four are Board Certified in Criminal law, the highest designation an attorney can reach. We are the firm people turn to when the stakes are high and they are facing the biggest problem in their lives. - Contact Varghese at