Divorce and Taxes! Claiming Dependency Exemptions for Newly Divorced Parents

Tax season is in full swing! If you were recently divorced, there is a good chance this will be your first time filing individual income tax returns separate from your ex-spouse. Filing taxes is already pretty daunting for most, like me. But if you and your ex-spouse share minor children, there is also the added hassle of determining who is allowed to and supposed to claim the child(ren) on taxes this year.

As part of finalizing your divorce, the Court allocated the child dependency exemptions for income tax purposes between you and your ex-spouse. But how those exemptions were allocated varies depending on, among other things, each party’s proportionate share of the combined adjusted gross income. Typically, the Court will look at each party’s adjusted gross income and then allocate to each parent the exemptions(s) proportionate to their share of the combined adjusted gross income. The Court utilizes the Arizona Child Support Guidelines to determine each party’s adjusted gross income and the combined adjusted gross income. Follow the link below to the 2018 Arizona Child Support Guidelines for more information. As an example, let’s say the parties have one child, the Father earns $60,000.00 per year and the Mother earns $40,000.00 per year. The parties’ combined income is $100,000.00, with Father’s share of the combined income being 3/5 and the Mother’s share being 2/5. The dependency exemption would then be allocated using this fraction, unless the parties agreed otherwise, following a pattern that can be repeated in no more than 5 years. The Court could order that Father is eligible to claim the child in the first three out of every five years and Mother is eligible to claim the child in the final two out of every five years, or any other combination that provides Father the exemption three out of every five years.

So how do you determine if this tax season is your turn to claim the child(ren)? The first place to look is your Decree or most recent Child Support Order. There are other considerations to be aware of as well. Often times the Court will include in the Child Support Order a provision prohibiting a parent from claiming any exemptions if they were still behind on any court-ordered child support and arrears payments by December 31st of the year for which the exemption is sought. Yet other times the Court may order that the refund be intercepted and applied towards past-due child support. Unpaid medical reimbursements can also affect a party’s eligibility to claim dependency exemptions. It is important to carefully review your Child Support Order well in advance of April 15th. If you are unsure how to interpret your Child Support Order, call us at 480-656-8333 to schedule a free consultation.

http://www.azcourts.gov/Portals/34/Forms/FamilyLaw/AOCDRS10H2018.pdf

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Written By:

Randi Partain, Senior Family Law Paralegal, Dodge & Vega PLC

Dodge & Vega PLC

Ben Dodge, Esq., Attorney, Entrepreneur, Endurance/Ultra Cyclist

 

 

 

 

 

 

 

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Understanding your rights and what you are entitled too, Ben Dodge is known as a serious litigator. There are two types of attorneys, those that sit behind a desk and push paper and those who actually hit the court room in the real world and get things done. Ben is a litigator who thrives in the court room. He once said: “It is one thing to tell your clients you are a good lawyer, it is an entirely different thing to be willing to prove it to them while they watch you do your work in front of them, in front of a jury watching your every move, in front of a judge, and your peers who are lawyers on the other side if your case. I love the opportunity to go to court and put my money where my mouth is. In my experience most lawyers are either afraid of the court room or not good at it and belong behind a desk or both.” -Ben Dodge

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You can call Arizona Lawyer Ben Dodge of Dodge & Vega, PLC at 1.480.656.8333. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Someone from our office will personally return your call within 24 hours to schedule an appointment with Mr. Dodge or one o his associate attorneys. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in relentless representation and his entire office stands ready to serve with kindness, compassion, and patience. We strive to make a legal experience with our firm one of the most outstanding customer service experiences you will ever have and to do so without you having to go broke! Lawyers can be incredible and affordable. Let us show you how.

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Mesa, Arizona 85209

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Tucson, Arizona 85701

Mr. Dodge relentlessly represents clients in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is an experienced Arizona Personal Injury lawyer, Arizona Family Law lawyer, Arizona Divorce lawyer, Arizona Bankruptcy lawyer, Arizona Child Custody lawyer, Arizona Estate Planning lawyer, and an Arizona Bicycle Accident lawyer. He can cover all areas of family law, personal injury, bankruptcy and estate planning for you.
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