Frequently Asked Questions

Question
Can I claim the deductions for my kids on my income tax?

Answer
Whether or not you may claim your children as dependents on your income tax return depends on several factors. Most parenting plans specify who is to receive the deduction, whether the deduction is alternated between the parents, etc. If your existing parenting plan doesn't cover income tax deductions for the children, you may want to consider having the plan amended. If you're drafting a parenting plan, income tax deductions are something you'll definitely want to have covered in the plan.

If no parent is specified to receive the deductions, then it's more a matter of interpretation and eligibility. Often the custodial parent will claim the deductions by default, but eligibility may also depend in part on where and with whom the child resides. The parent who has the most residential time with the child is often considered to be the 'eligible' parent, but this isn't a hard and fast rule.

If the custodial parent is not working and the non-custodial parent is, the non-custodial parent may be able to claim tax benefits that might ordinarily go to the custodial parent.

The following articles have more specific information on non-custodial tax deductions:




S.P.A.R.C.