Did Trump Sign a Law Banning Child Support Recipients from Claiming Their Children on Tax Returns?

February 2, 2025

The Truth Behind the Rumor

Debunking Misinformation About Taxes and Child Support

A viral rumor that began circulating on social media a few weeks before Donald Trump took office in 2025 claimed that he had signed a law preventing parents who receive child support from claiming their children on tax returns. The misinformation gained momentum during the week of his inauguration, with many parents worried about how this supposed change would affect their tax filings.

The truth? No such law was ever signed. Despite the widespread posts, there has never been a law—under Trump or any other president—banning child support recipients from claiming their children as dependents.

At Garcia-Windsor, P.C., we understand how misinformation can create unnecessary stress for parents. That’s why we’re breaking down the facts about tax claims, child support, and what the law actually says.

Who Can Claim a Child on Their Tax Return?

The Internal Revenue Service (IRS) determines who can claim a child as a dependent, and the general rule is:

• The parent with primary custody has the right to claim the child, unless a court order states otherwise.

• The non-custodial parent may claim the child only if the custodial parent signs IRS Form 8332, giving them permission.

Whether a parent receives or pays child support does not affect who gets to claim the child. The IRS bases its decision on custody agreements, not financial contributions.

Did Trump Sign a Law Changing This?

No. There was never a law signed by Trump that changed tax rules regarding child support or dependent claims.

This rumor likely spread due to general confusion about tax law changes under the Tax Cuts and Jobs Act of 2017 (TCJA). While the TCJA made modifications to tax brackets and deductions, it did not introduce any changes preventing child support recipients from claiming their children on tax returns.

Common Myths About Child Support and Taxes

Here are some important facts every parent should know:

✅ Child support is not taxable income. Parents who receive child support do not have to report it as income.

✅ Child support payments are not tax-deductible. The paying parent cannot claim these payments as deductions.

✅ Claiming a child as a dependent is based on custody, not child support. The IRS has clear guidelines for this process.

What to Do If There’s a Dispute Over Tax Claims

If both parents attempt to claim a child on their tax returns, the IRS will review custody agreements and typically grant the claim to the parent who had the child for the majority of the year. Some parents choose to alternate tax years based on a legal agreement.

At Garcia-Windsor, P.C., we help parents navigate child support, custody, and financial issues to ensure their rights are protected.

Need Help with a Family Law Issue?

Confused about your rights as a parent? Our experienced bilingual family law team in Dallas, Texas, is here to help.

📞 Contact us today for a free consultation.

Disclaimer:

The information in this blog post is for general informational purposes only and does not constitute legal or tax advice. For personalized guidance, please contact a qualified attorney or tax professional.

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