Who gets to claim the children on tax returns?
The most commonly asked question with respect to dissolution of marriage or legal separation is who should claim the minor children for tax exemptions. The child support law states that if you are paying 50% of the minor children’s support pursuant to the Child Support Guideline then you should receive 50% of the tax exemption. If you are paying 25% of the minor children’s support pursuant to the Child Support Guideline then you should receive 25% of the tax exemption. Note that it is your marital status at the end of the year that determines whether you may file as married. That is, if you are divorced on December 30th of a given year then you may not file taxes for that year as married even though you were married for 364 days of that year.