Post Divorce Taxes And Claiming The Children

Post divorce taxes are affected by who qualifies as the head of household for tax purposes, which parent is entitled to claim the exemptions, and how Health and Medical Savings accounts are claimed. Read on to find out what your options are if you have dependent children.

Tax Time

by Brette Sember

Taxes are on everyone's minds as we inch towards April 15. As if taxes weren't complicated enough, being a divorced parent adds another wrinkle to the process.

Child Exemption

Blocks representing tax break from claiming the children

At this time of year, I get a lot of questions about the dependency exemption for children and which parent gets to claim it. Your divorce decree may specify how this exemption is to be taken. Some parents alternate years. Sometimes one parent always gets it. So, first check your divorce decree. You should follow what it orders.

However, you are permitted to change this if you both agree to do so. You may be in a situation where one parent earns a lot more than the other this year and the exemption will be of more value to that parent (always check with your tax preparer to find out if and how you will benefit from taking the exemption). If you want to shift the exemption to the other parent, there is an IRS Form 8332 that allows you to do so.

Default Rule

If your divorce decree does not specify which parent gets the exemption, the IRS does. According to the IRS, the parent who has the child for the most nights in the year is the parent entitled to take the exemption, Period. It has nothing to do with who pays child support or how much is paid or what kinds of expenses the child has. This is the default rule to follow.

Head of Household Status

Head of household status is separate from the dependency exemption. Even if your ex takes the dependency exemption, you may qualify for head of household if your child lived with you more than half the time, you paid more than half of your household expenses and you are unmarried. As always, check with your tax preparer to make sure you qualify.

MSA and Health Savings Account Tax Deductions

Although the IRS has a hard and fast 50% rule for the dependency exemption, it is possible for both parents to claim children for the purposes of Medical Savings Accounts (MSAs) and Health Savings Accounts (HSAs). If you have one of these employer-provided benefits, check with your tax preparer about claiming your child.