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Family Law Blog
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Is Trump Changing Tax Rules So that the Parent Paying Child Support Gets the Tax Benefits / Deductions?

A rumor exploded on social media that Trump said (some say already signed an Executive Order) that women who receive child support would no longer be able to claim the child as a dependent on their taxes and would not receive a federal child tax credit.

One post I saw says this:

“Trump just tweeted, if you put your baby father on child support, you can’t claim income taxes. . . .. If he paying child support, you can’t claim the kids, only he can.”

Did Trump say this? No. Trump did not say, tweet, or sign an Executive Order as to this. However, the rumors pose other questions, such as: Could the President do this?

Yes, it could happen. However, whether it could happen is a very low bar since almost everything falls in the could happen universe.

Who can “claim” the children on your tax return is a matter of IRS Rules and Regulations, so for this to happenwould require a radical change in existing IRS Rules / Regulations. The IRS is part of the Executive Branch and the President is the Chief Executive. However, the process to change Rules / Regulations is lengthy (and includes public notice and comment periods).

What is the Likelihood of this Happening? – To quote my father when I asked him long ago what were my chances of getting a raise in my allowance. His response? Slim to none. That is the same answer here: slim to none. This is simply not something to worry about.