Columbus, OH asked in Family Law, Social Security and Tax Law for Indiana

Q: For a single person on disability, would they be able to claim a child on taxes and get more than what they put in?

Going through a divorce and wondering if the amount could change for someone on disability if they claimed 1 vs 3 kids on their tax return.

How is this split best handled when custody is split evenly?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: For a single person on disability, the ability to claim a child on taxes and potentially receive more in tax benefits than what they put in depends on several factors. These include their income level, the amount of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) they receive, and their overall tax situation.

Claiming dependents can provide tax benefits, such as the Child Tax Credit, which might result in a larger refund or a reduction in the amount of taxes owed. The specific amount of benefit depends on the individual's income and tax situation. It's important to note that SSDI is sometimes taxable, depending on your total income, while SSI is not taxable.

When custody is split evenly, the right to claim a child as a dependent for tax purposes generally goes to the parent who has the child for the greater part of the year. In cases of exact equal custody, parents often agree to alternate years in which each claims the child or children. This agreement should be formalized as part of the divorce proceedings.

It's advisable to consult with a tax professional or a lawyer who is knowledgeable in tax law to understand the specific implications for your situation. They can provide personalized advice and help you navigate the complexities of tax law in relation to your disability benefits and divorce situation. Proper guidance in these matters is essential to ensure compliance with tax laws and to maximize your potential benefits.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.