At this time of year many are preparing to file their taxes. Do you know what you need to know about claiming your children if you and the other parent are separated?

In general, a taxpayer may claim a personal exemption for each qualifying dependent, which includes the taxpayer's children. The IRS has detailed guidelines for who qualifies for a dependent, but as said, this includes a person's minor children.

If a child's parents are filing separately, the IRS rules prohibit both from claiming the same child. This can cause problems in families who are separated but have children together. Especially in situations where the parents do not agree on how to handle the child tax credit and deductions.

In Oklahoma, the Family courts can allocate the child tax credit and exemption. This means that the judge may order which parent is entitled to claim the child for each given tax year. Usually, the judge will award the right to claim the child to one parent in odd years and to the other in even years. There are exceptions to this rule, and most of them depend on how much and how regularly each parent is contributing to the financial support of the child. This area can be quite contentious, but in most courts, the judges have established rules on how to resolve the issue.

In cases without a court order, the parents should consult with their tax professional. This is because absent a court order, the IRS rules tell us which parent is entitled to claim the child on their taxes. A quailifed tax professional can advise the parent on the IRS rules which apply to claiming dependents in any give tax year.

This article is meant to give a brief overview of this topic. The rules for taxes are complex. The laws of Oklahoma are complex as well. You should consult with a certified tax professional and an attorney before taking any steps that could alter your rights. This article is not a substitute for compentent advice on the particular circumstances in your life involving you and your children.