If you pay child support is your right to claim at least one kid on your taxes? How? 9 Answers as of July 02, 2015

Can a parent claim both kids on his taxes when the other parent pays child support?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
The parent with 51% or more physical custody may claim the dependency deduction. The court may order the dependency deduction to the less than 51% custodial parent, but then the child support payments will usually increase.
Answer Applies to: California
Replied: 7/2/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Unless there is a court order to the contrary, or the parents have a written agreement on a particular IRS form, the parent who pays more than half the child's support is entitled to the deduction.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The dependency exemption belongs to the parent who has 51% or more time share with the children. Of course, there can be a stipulation that allows for the exemption to be released. Please meet with an experienced family law attorney to explore your legal options.
Answer Applies to: California
Replied: 6/29/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Depends on what the child support order says.
Answer Applies to: Washington
Replied: 6/29/2015
Law Offices of Julie A. Ringquist | Julie A. Ringquist
Your Court Order for child support should include (in the calculation) who is taking the children as deductions. If it does not say in your Order, than it is the for the primary custodial parent (physical custody). If you have 50/50 physical custody, generally it goes to the parent with the greater number of overnights with the child (out of the 365 days in the year).
Answer Applies to: California
Replied: 6/29/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    Generally the parent who has physical custody more than 50% can claim the deduction. The parents can negotiate the deduction. The fact of who has the deduction should already be considered when determining the amount of the support.
    Answer Applies to: California
    Replied: 6/29/2015
    John Russo | John Russo
    No, look at the IRS code section relevant to this issue.
    Answer Applies to: Rhode Island
    Replied: 6/29/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    That is determined by either agreement of the parties in a divorce or paternity judgment or by the judge. If their is no mention of who claims the child(ren) then the parent with custody gets to claim them.
    Answer Applies to: Illinois
    Replied: 6/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps, the allocation of the dependency deduction can be in the judgment, or in accord with the IRS rules. Some support will not do it. See an attorney with your judgment and all of the circumstances.
    Answer Applies to: Michigan
    Replied: 6/29/2015
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