Can I claim my child on my taxes?

Understanding the Child Tax Credit and Dependency Exemption in Florida Divorce: Guidelines and Considerations

Understanding Child Tax Credit and Dependency Exemption in Florida Divorce

In a Florida divorce, determining who can claim a child as a dependent for tax credit purposes can be a complex issue. The IRS provides guidelines and rules to determine eligibility for the Child Tax Credit and the dependency exemption. This blog post aims to shed light on these matters specifically within the context of Florida divorce, incorporating information from reputable sources.

Eligibility for Child Tax Credit:

As a general rule, a parent is entitled to claim their child as a dependent for federal income tax purposes if they provide more than half of the child’s support (IRC § 152(e)(1)). However, parents can agree to alter this arrangement (IRC § 152(e)(2)).

The parent not claiming the child must complete IRS Form 8332 or provide a similar statement, releasing their claim to the exemption. This release can be specified for a particular year or a set of years.

Dependency Exemption and Child Support:

In Florida, the court may order the parent receiving child support to waive the dependency exemption if the other parent is current in their support payments (Florida Statute §61.30(11)(a)(8)). The right to claim the exemption is contingent upon the paying parent’s compliance with their child support obligations. See Abramovic v. Abramovic, 188 So.3d 61 (Fla. 4th DCA 2016). The court also considers the impact of the dependency exemption when adjusting child support as per the guidelines (Florida Statute §61.30(11)(a)(8)).

Navigating the Child Tax Credit and Dependency Exemption:

To determine eligibility, it is crucial to understand the IRS rules and Florida law. Consulting with a qualified family law attorney is highly recommended. They can guide parents through the process, ensuring compliance with federal and state regulations.

Importance of Proper Documentation:

Maintaining accurate records is vital. Keep track of financial support provided, agreements between parents, and any relevant court orders. This documentation will serve as evidence if disputes arise or if the IRS requires verification.

Seek Professional Guidance:

Given the complexity of tax laws and the unique circumstances of each divorce, it is essential to seek professional advice. An experienced family law attorney and a tax professional can provide tailored guidance, ensuring compliance with IRS regulations and maximizing tax benefits.


Understanding the Child Tax Credit and dependency exemption in the context of a Florida divorce is crucial for both parents. Adhering to the IRS guidelines, following court orders, and seeking professional guidance will help navigate this aspect of divorce smoothly. Proper documentation and compliance with federal and state regulations are key to protect the interests of both parents and secure tax benefits for eligible parties.

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

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