What Is the Child Tax Credit for Divorced Parents? 

Disclaimer: we are not tax professionals and do not provide tax advice. We encourage you to consult with a qualified CPA for tax assistance.

The child tax credit is a federal benefit designed to reduce the tax burden for parents raising children. After a divorce, the question of who gets the child tax credit in a divorce becomes critical. A New York divorce lawyer can help you understand the process. 

Key Child Tax Credit Facts in New York: 

• The custodial parent (the parent with whom the child lives most of the year) typically claims the credit. 

• Courts may allow alternating claims between parents each year. 

• If one parent earns too little to benefit from the credit, the other may be granted exclusive claiming rights. 

• The credit can be transferred using IRS Form 8332, which the custodial parent must sign. We do not prepare Form 8332, so please contact a tax professional if necessary.

Why the Child Tax Credit Matters: 

• The credit can be worth up to $2,000 per child depending on income. 

• It may significantly impact annual refunds or liabilities. 

• Proper allocation helps ensure both parents contribute fairly to child support and care. 

Why Choose The Law Offices of Joseph H. Nivin, P.C. for Child Tax Credit Guidance? 

At The Law Offices of Joseph H. Nivin, P.C., our legal team is deeply experienced in family law matters, including financial aspects of divorce such as divorce tax credits. 

Our Promise to New York Families  

• Deep expertise in family and divorce law across New York. 

• Personalized legal strategies based on your custody and financial situation. 

• A proven track record helping clients maximize financial benefits post-divorce. 

From filing correct tax forms to negotiating credit-sharing agreements, we provide complete legal support to protect your financial interests. 

How the Child Tax Credit Process Works 

Step-by-Step Support: 

1. Review custody arrangements and determine primary custody. 

2. Evaluate income eligibility to determine who benefits more from the credit. 

3. Draft or review legal agreements to formalize tax credit sharing. 

4. Prepare IRS documentation (e.g., Form 8332) as needed. 

5. Negotiate with the other parent or court when disputes arise. 

We also provide ongoing legal support to help you adjust arrangements if your financial situation changes. 

Common Challenges Divorced Parents Face 

“Can I claim the child tax credit if I’m not the custodial parent?” 

Only with written permission from the custodial parent using IRS Form 8332. 

“What if the other parent refuses to share the credit?” 

We help clients petition the court for fair allocation or modify agreements to ensure equity. 

“Is the credit split automatically?” 

No, there is no automatic split. The courts may suggest an alternating year arrangement, but it must be formally outlined. 

FAQs: Child Tax Credit for Divorced Parents 

1. Who gets the child tax credit in a divorce? 
Typically, the custodial parent receives it. However, a court order or IRS Form 8332 can transfer the right to the noncustodial parent. 

2. Can parents alternate the child tax credit? 
Yes. Courts often order parents to alternate claims each tax year to ensure fairness. 

3. What happens if both parents claim the credit? 
The IRS will audit both returns. Only one parent can legally claim the credit, and penalties may apply. 

4. What’s the role of income in determining who gets the credit? 
If one parent’s income is too low to benefit from the credit, the court may allow the higher-earning parent to claim it annually. 

5. Do I need a lawyer for this? 
A knowledgeable divorce attorney in Queens, NY, like those at The Law Offices of Joseph H. Nivin, P.C., can help ensure the credit is claimed lawfully and beneficially. 

Related Services 

• Child Custody and Visitation – Forest Hills, NY 

• Child Support – Queens, NY 

You can also explore helpful IRS guidelines on Who Qualifies for the Child Tax Credit from the IRS. 

Speak to One of Our Lawyers Today 

Whether you’re negotiating custody, dealing with post-divorce finances, or simply unsure who can claim your child on taxes, The attorneys at the Law Offices of Joseph H. Nivin, P.C. are here to help. Our legal team specializes in divorce and family law across Queens and Brooklyn, NY, ensuring your rights—and your refund—are protected. 

Call us or contact us online today for a consultation and secure your financial future after divorce: Schedule your service now. 

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