Dixon & Moseley | Attorneys At Law

Call For A Consultation: 463-634-8983

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 463-634-8983

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Child Custody
  4.  | 
  5. How Do New Tax Laws Affect My Divorce Case?

How Do New Tax Laws Affect My Divorce Case?

On Behalf of Dixon & Moseley, P.C. | Mar 14, 2019 | Child Custody, Divorce, Indiana Court of Appeals

Divorce is a process that affects a multitude of aspects in a family’s life. Relationships that were premised on lasting are being dissolved between spouses. New living arrangements may take place. Parents’ time with the children may be drastically altered. A two-income household where parents share responsibilities is split, and now each spouse may be entirely responsible for their own household – both financially and in terms of day-to-day upkeep. This change can be tremendously stressful and is certainly an emotional process. The attorneys at Dixon & Moseley, P.C. are cognizant of this fact; however, the major issues surrounding a divorce, legally speaking, basically consist of two parts: (1) what happens to the children of the marriage, and (2) who gets what out of the marital estate? This blog post addresses both questions while leaning toward the financial side – what are the current tax laws that may affect a divorce, and what do they mean?

Dependency Exemption: The Tax Cuts and Jobs Act of 2017 suspended a $4,050 deduction per dependent claim on tax returns. This is, in part, because the standard deduction was increased substantially. Often in negotiating a final agreement or in arguing at a final hearing, the ability of a parent to claim a child of the marriage as a dependent was important because of the substantial deduction. The elimination of this deduction may have led some attorneys to believe that claiming a child as a dependent on a tax return is no longer an important issue. As described below, it remains something that must be addressed.

Child Tax Credit: This is a tax credit for the parent claiming a child as a dependent. This credit may be up to $2,000 per qualifying child under the age of 17 and up to $500 per dependent other than a qualifying child.1 There are certain restrictions/phase-outs when adjusted gross income reaches a certain threshold.

Child & Dependent Care Credit: This is a tax credit for the custodial parent only (you do not have to claim dependency exemption). This credit only applies for children under the age of 13, and the credit may be up to 35% of $3,000 for one (1) child or $6,000 for two (2) children. This credit may be reduced if adjusted gross income is greater than $43,000 for a head of household.

Earned Income Credit: This is a tax credit for a custodial parent (you do not have to take a dependency exemption). The credit is assigned based on the number of children you may have. It is subject to some restrictions/phase-outs if investment income reaches a certain level or if adjusted gross income reaches certain levels. It is important to note that spousal maintenance and child support are not considered earned income.

American Opportunity Education Credit: This credit is available the first four (4) years of college, and the maximum annual credit is $2,500. This credit follows the dependency exemption regardless of who pays the expense. This credit may be phased out if adjusted gross income reaches a certain level. Also, this credit is applicable to the person claiming the dependence exemption regardless of who paid the college expense.

Important Consideration: Tax Benefits Related to Education may be treated as “Financial Aid.” The Indiana Court of Appeals, in the case of R.R.F. v. L.L.F., 935 N.E.2d 243 (Ind. Ct. App. 2011), examined the effect of one parent obtaining tax benefits related to a child’s education. This case involved a portion of the Indiana Child Support Guidelines that states that the tax laws “provide tax credits and preferences which will subsidize the cost of a child’s post-secondary education” and that “no one party should disproportionately benefit from the tax treatment of post-secondary expenses.” In sum, the Court of Appeals held that a tax credit for a child’s education expense should first be considered as a reduction to both parents’ obligation to a child’s college expense (regardless of who received the credit), and then a trial court should apportion each parent’s obligation toward education expenses. Here is a very broad and simple example just to explain how the arithmetic works:

A trial court reasons that child, father, and mother are each to pay one-third (1/3) of college expenses that are $10,000 per year. This means that child, father, and mother are each responsible for $3,333 per year. But, father obtains an AOEC credit for $2,500. Now, the total of the parents’ combined obligation ($6,666) is reduced by the credit ($2,500) to $4,166. Since both father and mother pay an equal share, their respective education obligation to the child is $2,083 ($4,166 divided by 2).

The key takeaway from these cases is that tax implications in a divorce remain important and can have real implications on one’s finances. Having an attorney well-versed in these issues is critical. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand the issues surrounding financial agreements and/or issues for a trial/final hearing in a divorce. This blog post is written by Dixon & Moseley, P.C. attorneys and is not intended as specific legal advice or a solicitation for services. THIS BLOG IS NOT TAX ADVICE AND THE FIRM DOES NOT PROVIDE TAX ADVICE. It is an advertisement.

  • The purpose of this blog is to identify crucial tax issues and provide a general outline for the issues that one may face as a divorcing parent. Such terms as “qualified” child may be fact-sensitive, and a tax professional should be consulted for guidance on whether a child “qualifies” under the tax laws. Likewise, this is not an exhaustive list of child-related tax benefits that one may need to address. This blog is advertising material, and it is always prudent to consult a tax professional with tax questions related to your specific set of circumstances.
  • Recent Posts

    • Common Mistakes That Destroy Indiana Appeals: 10 Errors That Can Cost You Appellate Rights (2026)
    • Can You Appeal a Divorce Decree in Indiana? A Guide to Divorce Appeals, Deadlines, and Common Appellate Issues (2026)
    • How to Appeal a Criminal Conviction in Indiana: Deadlines, Grounds for Appeal, and What Happens Next (2026)
    • You Think Your Property Is Yours… Until It Isn’t.
    • Hearsay in Family Court: What Parents Need to Know

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Dixon & Moseley | Attorneys At Law

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    463-634-8983

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online