Know your rights ·

Who claims the children on tax returns?

General information for New Jersey, New York and Washington, DC · Last updated

Quick answer

A family agreement and federal tax eligibility rules are not the same thing.

Do now

Gather the parenting schedule, support agreement, prior tax returns, and proposed tax provisions. Ask a tax professional which benefits apply and whether a required release or form is needed. Coordinate timing to avoid conflicting filings.

Watch for

A court’s allocation of a tax benefit may require additional federal paperwork; not every child-related tax benefit follows the same rule. Do not rely on an old tax-year threshold or an informal promise.

Official sources

IRS — Dependents: State Court Orders and Federal Tax Rules, NY Courts — Divorce frequently asked questions, DC Courts — Divorce.

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