Dependency law, a subset of family law, plays a crucial role in safeguarding children when they face difficult circumstances due to parental challenges. Whether it’s cases of abuse, neglect, or a parent’s inability to provide adequate care, dependency law steps in to protect the best interests of the child.
However, navigating the complex web of legal processes can be overwhelming for parents involved in dependency actions. This is where a dependency lawyer can make a difference, providing crucial guidance and advocacy.
Here, we explore the implications of dependency law, the criteria for dependency designation, and the significance it holds in child support, tax deductions, and custody agreements.
Dependency Law
Dependency law is primarily focused on children as it is a subset of family law that is designed to protect children in challenging parental situations. For example, it can be useful in risky situations involving children who have been abused, neglected, or otherwise mistreated. There may even be circumstances when a parent or parents are incapable of providing for their child(ren) due to general obstacles in life.
Child Protective Services (CPS) may claim that a child is being mistreated or neglected necessitating the placement of the child in a foster home. While these decisions are made in the best interest of the child, at times, judges and CPS employees are not always impartial or fully aware of a person’s circumstances. A dependency lawyer can help in this situation.
As a dependency action is a civil matter brought before the court based on allegations of child abuse, abandonment, or neglect, this can be a distressing circumstance and requires a legal advisor.
Dependency Implications
The legal status of dependency can have significant implications for issues like child support payments, tax deductions, and custody agreements.
In Florida, the procedures for designating a child as a dependent are complicated and are based on a number of variables, such as the parent’s marital status, income, and custody arrangements.
First, it’s critical to comprehend what the federal government considers to be a dependent. A person that a taxpayer can list as a dependent on their tax return in order to receive a tax benefit. A dependent must typically satisfy the following requirements:
- The dependent must be the taxpayer’s eligible child or qualifying relative.
- The dependent must be an American citizen or lawful permanent resident.
- The dependent must be in possession of a current Social Security number.
Typically, the child can be claimed as a dependent by the custodial parent which is the parent with whom the child spends most of the year. However, the parent with the greater adjusted gross income is typically permitted to claim the child as a dependent if the parents have joint legal custody, which means that both parents have a legal right to make choices regarding their child.
In Florida, parental timesharing is mandated unless there are special circumstances, such as the parents being incarcerated, being unable to care for their children due to physical or mental limitations or having been found guilty of domestic violence or child abuse. Additionally, child support and decision-making for the child must be shared.
Lean On Our Dependency Law Experts
A dependency case is a serious matter that might affect your child custody arrangements and directly impact your long-term family dynamics.
These can be stressful situations since dependency actions are typically filed before the court based on claims of child abuse, abandonment, or neglect. If you have questions concerning dependency law or need a family law expert to guide you, our family law attorneys are ready to help. Contact us today.
