Some of the financial issues implicated by child custody arrangements and court orders are (1) child support payments; (2) payment for health insurance; and (3) the ability to claim the child or children as dependents for tax purposes. The Internal Revenue Service (IRS) rules dictate that the parent with whom the child spent the most nights during the tax year has the right to claim the child as a dependent. And if the child spends an equal number of nights with each parent during the tax year, the parent with the higher adjusted gross income (AGI) has the right to claim the child as a dependent. Sometimes the child custody court will order the parents to alternate years of claiming the child as a dependent.
In Virginia, child custody arrangements and court orders can significantly impact financial responsibilities. Child support payments are determined based on state guidelines that consider both parents' incomes, the needs of the child, and the custody arrangement. The non-custodial parent typically pays child support to the custodial parent to contribute to the child's living expenses. Health insurance for the child is often required to be provided by one or both parents, and the cost may be factored into the child support calculation. Regarding tax implications, the IRS rules state that the custodial parent, defined as the parent with whom the child spent the most nights during the tax year, is generally entitled to claim the child as a dependent. If the child spends an equal number of nights with each parent, the parent with the higher adjusted gross income (AGI) is eligible to claim the child. However, Virginia courts may order parents to alternate the years they claim the child as a dependent, which should be reflected in the custody agreement and adhered to by both parties for tax purposes.