Jamie Graham & Associates, PLLC

Claiming children as dependents following a divorce

As the deadline for filing federal income taxes grows closer, many Texas residents and others around the nation are scrambling to gather their information and complete the process. Everyone is always looking for ways to reduce the amount owed to the Internal Revenue Service. For those couples who have gone through a divorce, one major issue that must be resolved is who will claim the children as dependents on the tax return.

Claiming dependents can obviously can a major effect on a person's taxes. In some cases, both ex-spouses may try to claim a child on a tax return. This can create difficulties for all parties involved.

The amount of tax credits one can receive is also affected by claiming a child as a dependent. The personal exemption will be removed from tax year 2018 and going forward, per the new Tax Cuts and Jobs Act. However, the Child Tax Credit is doubled and the Dependent Care Credit will be continued.

Experts cite several methods that the IRS uses to determine who will be allowed to claim children as a dependent if both parents have claimed them. Relationship, residence and income are all considered when there is a dispute. It is noted that the IRS grants the exemption to the first person to claim the child as a dependent. The issue will be addressed through the agency's customer service department to resolve any dispute.

There are many issues to resolve during a divorce, including those surrounding children and finances. To ensure that someone's interests are protected currently and for the future, it is imperative to have the assistance of an experienced Texas divorce attorney. A knowledgeable lawyer will work with clients to achieve a successful outcome in the divorce proceedings.

Source: ksdk.com, "Who claims the children on taxes after divorce?", March 16, 2018

No Comments

Leave a comment
Comment Information


At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

  1. Top 10 Attorneys | American Jurist Institute | 2017
  2. Avvo Rating | 8.9 | Excellent
  3. Avvo Clients' Choice Award 2015 | Jamie Lynn Heggy Graham
  4. Reviews | Out of 12 reviews | Jamie Lynn Heggy Graham | Avvo
  5. BBB | A+ Rating
  6. San Antonio | Best S.A. | Lawyers | 2015

Get In Touch With Us

Free Family Law Consultation

Call 210-764-3468 or send an email to schedule a meeting with one of our experienced lawyers.

We are ready to listen and to educate you about your options, whether you are going through a divorce or facing any other family law issue.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Jamie Graham & Associates, PLLC
310 South St. Mary's Street
Suite 2500
San Antonio, TX 78205

Phone: 210-272-7034
Fax: 210-308-5669