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S.F. No. 848 - Allocation of Income Tax Dependency Exemptions for Child Support Matters (as proposed by the A-1 amendment)
Author: Senator Chris A. Eaton
Prepared By: Nora Pollock, Senate Counsel (651/297-8066)
Date: March 25, 2015


Under federal law, a dependent child may be claimed as an exemption by only one parent when parents are divorced or separated.  In determining a child support or custody case, a court may determine which parent may claim a child as a dependent exemption for income tax purposes.  This bill requires that a court consider the parties’ financial resources; whether if not awarding the dependency exemption affects the parent’s ability to provide for the child’s needs; whether only one party or both parties would receive a tax benefit from the dependency exemption; and the impact of the dependent exemption on either party’s ability to claim a premium tax credit or premium subsidy under the Affordable Care Act and subsequent relevant federal regulations or guidance.  Sets forth conditions that a court may consider and must comply with in awarding a party’s right to claim a dependent exemption. 

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