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Child Custody Agreement and Taxes

A child custody agreement could have serious implications on your own tax filing plus your taxes overall. This problem needs to be addressed using your attorney or along with your accountant when you are experiencing the operation of negotiating or litigating custody or perhaps a divorce agreement. Waiting until once you have finalized a young child custody agreement to investigate the tax impact is simply not adviseable.

State law on custody of the children is not going to dictate who receives the tax deductions. If your kid custody agreement is entirely silent on this issue, the parent with primary residential or sole custody can have each of the tax benefits available through the children. That party will be able to claim the youngsters as deductions, and so forth. This is often a significant issue. You can find parents who simply believe that should they be paying a lot of money every year in support, they is able to take the children as deductions. Not. This is certainly incredibly important when considering that most supporting your children payments are certainly not tax deductible into the payor and perhaps they are not taxable to the recipient parent.


Thus, when negotiating your youngster cusody agreement, you have to address the issue of methods custody are going to be structured and who can be given the tax benefits. This negotiation should be part of an overall financial scheme that encompasses a consideration of most issues, including separation, supporting your children, property, alimony, and tax impact.

The ability to claim head of household rather than married filing separate or perhaps filing single can be incredibly essential to your present tax scheme. It is possible to claim head of household when you have your kids in excess of 50% of the time. Thus, a head of household tax filing should be part of the entire negiating outline in a very divorce or separation situation. A young child custody agreement that is silent about this problem is really not a highly negotiated or written agreement.

Your kid custody agreement can address this issue in many ways. If your child custody agreement provides for joint shared custody, it needs to state having the kids for 50% of the time. If you have two children, you can divide that up in order that each parent has the opportunity of fiing for head of household. Should you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that makes it possible for that filing.

There are tax benefits available to parents that have to be looked at as when negotiating a son or daughter custody agreement. Many or the majority of those tax benefits are variable depending upon your income level ad no matter if you are able to claim a child or children as deductions. Should you be really thinking using your child custody agreement, you might negotiate most of these benefits. The objective ought to be to maximize all available benefits for both parties, thereby providing a complete highly advantageous tax impact for your child custody agreement.
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