Dependency Exemption

Who gets to claim the child as a dependent for state and federal tax purposes?

Generally, the parent who is the residential custodian for mailing and educational purposes would be entitled to claim the child as a dependent, unless the parties or the court determine otherwise.

Care should be given to deciding who can claim the dependency exemption, as its impact can vary with the level of income. A parent with minimal income probably would pay little if any federal or state income tax, for example, so the dependent exemption would not yield any additional benefit. By contrast, a parent with more substantial income will definitely benefit from having the added dependent exemption.

Courts can award one parent the dependency exemption exclusively, or alternate the exemption so that each parent has the exemption every other year.

Only a skilled and experienced attorney in family law can properly advise you as to the various options you have with regard to the dependency exemption.

Getting Help

At The Marks Law Firm, L.L.C, we have over fifty years of combined experience handling family law matters. We help individuals understand their rights with regard to all issues, including dependency exemptions. 

We do all required discovery, and will try your case before the judge if we cannot reach a settlement. We have handled hundreds of trials before family court judges; if you choose The Marks Law Firm, L.L.C., you will have the benefit of a family law attorney unafraid to go to court, advocate on your behalf and fully present your case.