Miami, FL asked in Divorce and Tax Law for Florida

Q: Is it true that a divorced mother always gets to declare the children as her dependents in her taxes in Florida?

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2 Lawyer Answers
Michael David Fluke
Michael David Fluke
PREMIUM
Answered
  • Dunedin, FL
  • Licensed in Florida

A: Nope. Under Federal Tax law the majority parent gets to claim the children, but a state divorce court can, and usually does, order parents to split or rotate the child related tax credits assuming child support is current.

Bruce Alexander Minnick agrees with this answer

Michael Ferrin
Michael Ferrin
Answered
  • Orlando, FL
  • Licensed in Florida

A: The federal tax code states that that parent that has majority timesharing is supposed to claim the child. In divorce and custody cases the Court has the ability to order the parties to rotate claiming the child for tax purposes.

Bruce Alexander Minnick agrees with this answer

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