QUESTION
Does my ex get to claim our child on taxes because he makes more money?
Asked on Jan 09th, 2014 on Taxation - California
More details to this question:
Ex husband and I are supposed to alternate claiming child on taxes every year depending on income. He won't let me claim child though. Do I have the right to claim her?
2 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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From the perspective of the Internal Revenue Code, it depends on which of you pays over half (50%) of the support for the children. Support items would include food, lodging, medical care, education and the like. The law doesn't ask who earns more simply who provided over half the support in any given year.
Answered on Jan 14th, 2014 at 6:46 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Do you have a written agreement or court order on this? If so, then it controls. If not, then it depends on who provides a majority of the support.
Answered on Jan 10th, 2014 at 10:24 PM