“Trump passed a new law that whoever is paying the child support will get to declare those children on their taxes.”
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Viral rumor falsely claims Donald Trump changed tax law to benefit parent paying child support
If Your Time is short
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For divorced or separated parents filing taxes, the parent who spends the most nights with a child generally gets to claim the child as a dependent on the tax return. In some circumstances, other factors can determine which parent is eligible for tax credits, but paying child support is not one of them.
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A search of Google and the Nexis news database yielded no reports about President Donald Trump proposing, much less passing, a new law changing which parent gets to declare a child as a dependent.
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Social media users said Trump announced the new policy on his X account, but that did not happen.
Even before President Donald Trump took office again Jan. 20, some social media users blamed him for a new law that would affect some families.
"Trump passed a new law that whoever is paying the child support will get to declare those children on their taxes," a TikTok user said in a Jan. 18 video. "Say you’re a single father, single mother, and you are not the one paying the child support, you will not get the tax return for the child."
Social media users also shared the post on Instagram and Facebook, and said Trump tweeted about the new policy.
The Instagram post was flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook, Instagram and Threads.)
Despite the rumors, Trump did not enact a new law about child support and taxes.
A search of Google and the Nexis news database yielded no credible reports about him having done this. Trump’s X account also contains no posts about the purported new policy.
Under U.S. tax law, only one parent of a divorced or separated couple can claim a child as a dependent on a tax return, Amy Matsui, income security director at the nonprofit National Women’s Law Center, told PolitiFact.
The IRS website lists requirements for who can claim a child as a dependent. Generally, the parent who the child lives with for more nights during the year qualifies. In special circumstances, other factors can affect who can claim dependents, but paying child support is not one of them.
We contacted Trump’s spokespeople to ask if Trump had plans to enact a law related to child support and tax credits, but did not immediately receive a response.
We rate the claim that Trump passed a new law that whoever is paying the child support will get to declare those children on a tax return False.
Our Sources
TikTok post (archived), Jan. 18, 2025
Facebook post (archived), Jan. 16, 2025
Instagram post (archived), Jan. 18, 2025
Donald Trump X account, accessed Jan. 20, 2025
Congress.gov, Public Law 115-97, Dec. 22, 2017
IRS, Child Tax Credit, Jan. 16, 2025
Email interview, Amy Matsui, Senior director of income security, National Women’s Law Center, Jan. 20, 2025
Email interview, Naomi Cahn, Professor of Law, University of Virginia Law School, Jan. 21, 2025
IRS, Dependents, Aug. 20, 2024
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Viral rumor falsely claims Donald Trump changed tax law to benefit parent paying child support
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