QUESTION
If you pay child support is your right to claim at least one kid on your taxes? How?
Asked on Jun 29th, 2015 on Child Custody - Michigan
More details to this question:
Can a parent claim both kids on his taxes when the other parent pays child support?
6 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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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.
Answered on Jul 02nd, 2015 at 12:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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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.
Answered on Jun 30th, 2015 at 11:39 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Depends on what the child support order says.
Answered on Jun 29th, 2015 at 8:54 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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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).
Answered on Jun 29th, 2015 at 5:05 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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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.
Answered on Jun 29th, 2015 at 4:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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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.
Answered on Jun 29th, 2015 at 4:25 PM