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Family Law Tax Implications
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Flashcards
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Innocent Spouse Relief
A spouse may be relieved from liability for tax, interest, and penalties if they can show they were not aware of the understatement of tax made by their spouse.
Adoption Credit
Taxpayers may be eligible for a nonrefundable credit for qualified adoption expenses, which can ease the financial impact of adopting a child.
Earned Income Tax Credit (EITC)
After separation or divorce, a lower-income custodial parent may claim the EITC, which could provide significant tax savings.
Property Transfers
Property transfers between spouses during a divorce are generally not taxable. However, tax implications can occur when the recipient sells the property.
Head of Household Status
This filing status is available for individuals who are unmarried, pay for more than half of the household expenses, and have a qualifying dependent, offering tax benefits.
Foster Care Payments
Foster care payments received by a taxpayer are generally not taxable income, influencing foster care and potential adoption decisions.
Child Tax Credit
The parent who is allowed to claim the child as a dependent, generally the custodial parent, can claim the Child Tax Credit.
Dependency Exemption
The right to claim children as dependents can significantly affect tax liabilities. Typically, the custodial parent has the right to claim the dependency exemption.
Qualified Domestic Relations Order (QDRO)
A QDRO allows for the tax-advantaged transfer of retirement plan assets to a spouse or former spouse, often without penalty.
Child Support
Child support payments are neither taxable to the recipient nor tax-deductible for the payer.
Medical Expenses
Following a divorce, medical expenses paid for a child may still be deductible even if the taxpayer does not claim the child as a dependent.
Tax Filing Status
After a divorce, individuals cannot file jointly and their tax filing status may change, impacting tax rates and liability.
Marriage Penalty or Bonus
The tax code can cause a married couple to pay more or less tax than if they were single, affecting decisions regarding marriage and divorce.
Capital Gains on the Sale of the Marital Home
After a divorce, capital gains tax might apply to the sale of the marital home, potentially impacting the division of assets.
Alimony
Alimony payments are taxable to the recipient and deductible by the payer for divorces finalized before 2019. For agreements after that, it is neither deductible nor taxable.
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