Fact Check: New Law Banning Parents Who Receive Child Support Payments from Claiming Child Tax Benefits

Recent speculation around a statement supposedly made by U.S. President Donald Trump makes it possible to believe that he was banning parents who receive support payments from claiming child tax benefits. The fact is, he did not state this, and with clarity, you may be able to better understand how this situation impacts your child support payments.

If you have questions and need help with child support tax benefits, or you are not sure how divorce and child support payments could impact your taxes, seek out legal support from Attorney Sharon Jackson LLC today.

What Did Trump REALLY Say About Child Tax Benefits? 

A viral Instagram post claimed President Trump stated,” Trump's NEW CHILD SUPPORT LAW will be crazy. Basically, if you put someone on child support, you will no longer be able to claim the child on your taxes; only the person who is PAYING the child support can. CHILD SUPPORT or CHILD TAX CREDIT??”

However, this post is not accurate for several reasons. 

• First, the TikToker who first shared the rumor stated later that it was “made up.” 
• For clarity, the post about this announcement was first shared on January 15 by a TikToker named William Elston. 
• He went on the record on January 21 in a video stating, “I made it up. It’s fake, he didn’t pass nothing.”

Trump Has Not Made Such an Announcement

Many co-parents were concerned and even outraged by Trump’s supposed statement about child support tax benefits. As of today, no executive order has been signed, and there have been no announcements from the administration or on social media accounts stating that the proposal was even considered. Reuters notes that there are no credible news reports of the President commenting or hinting at such a decision.

It is also important to know that President Trump’s Republican Party 2024 election platform did not mention this type of proposal or anything about the topic. However, documentation indicates that Trump’s campaign vowed to expand the child tax credit part of the 2017 tax cuts that were put in place. Those tax cuts will expire this year, and the President stated he plans to extend them.

The Project 2025 Playbook: Father’s Rights

The Project 2025 policy playbook that circulated during the election does offer some background on the child support tax credit. Specifically, it states that a new credit could be issued for the non-custodial parent, often the father. The document aims to empower fathers’ rights instead of establishing a government assistance program or a fully refundable credit.

The playbook states, on page 512, that the Heritage Foundation aims to push for a child support-related tax. However, the Heritage Foundation, a right-wing think tank, operates separately from President Trump. The President distanced himself from the group various times throughout the election. Some people believe there is alignment between Project 2025 and the recently announced executive orders the President has implemented thus far.

What You Should Know About Child Tax Benefits

Georgia child support law favors both parents' participation in raising a child, including paying for the child’s financial needs. Child tax benefits are not related to child support issuance or payments.

Under the law, child support payments are not tax deductible by the payer and are not subject to tax for the recipient. The law allows for one parent to claim the child as a dependent on their taxes each year. This is decided upon, in some cases, in court orders.

Most of the time, the custodial parent has the right to claim the child as their dependent for tax purposes. That is because the child is living within the home more than has the tax year, which is a requirement for being defined as a dependent.

Many families have other arrangements. Some agreements allow children to spend equal time at both parents’ homes throughout the year. In this situation, the custodial parent is typically the one with the higher adjusted gross income.  

In some situations, Georgia family law can become confusing regarding tax obligations. In these situations, the non-custodial parent could qualify to claim the child as their dependent and then benefit from available child tax benefits, including deductions or related tax credits.

For example, one situation in which the non-custodial parent can claim the child as dependent occurs when they pay more than 50% of the monetary support for the child during the financial year. In other cases, the custodial parent may sign over the right to this in a dependency exemption form.

What You Need to Know About Georgia Family Law

Georgia parents need to know their rights while also understanding the limitations they face when it comes to child support payments, child custody in general, and tax-related factors. To do that, set up some time to talk with a Georgia family law attorney who can offer guidance to you on what your legal rights are. Do not assume you can file your taxes and indicate your child is a dependent for you.

To clarify, President Trump did not announce a new law that bans child support recipients from obtaining tax benefits. That means that nothing in this area has changed. To know what your tax obligations are as well as what credits may be available to you, specifically, speak to your accountant.

Schedule a Consultation With A Family Law Attorney Next

Georgia family law attorneys at Attorney Sharon Jackson LLC can help you navigate child support law and how it impacts your rights and responsibilities. The objective of any type of child support agreement is to clarify factors like this, including who can file their taxes claiming the child as their dependent.

Set up a consultation to speak to an experienced Gwinnett County attorney about your rights by calling (678) 436-3636. Let us help you understand your specific situation and the potential child support tax benefits that you may or may not be able to recover.