Child Tax Credit and Child Support

Asked over 2 years ago - Skokie, IL

If the court takes the NCP's tax return and she/he had children claimed for the Child tax credit in their current marriage, does the CP get the child tax credit for the NCP's other children?

We have 2 children in our marriage and have to pay child support to the EX. When we file our tax return and claim our two children, if the court decides to take the return, does that mean that the EX gets the child tax credit for my children?

Attorney answers (2)

  1. Curtis Lamar Harrington Jr

    Contributor Level 20


    Lawyers agree

    Answered . If not married each parent can claim a child and get the qualified expense credit and the deduction for that child.

    In your first sentence question, you made it sound as if children are being taken from the table and some are left. Kinda strange that the court didn't TELL the parents what they have to do.

    If court is silent, each can take is own as the tax credit follows dependendency and deduction.

    Ideally this happens every year by default. Each CP takes their own dependency and tax credit..
    What do you mean "take the return"

    As I understand, we have two divorced people, both work.
    If parent A has both kids, then both deductions and both tax credits are theirs also.
    If they split, then each has a kid, a deduction and credit.

    Its not a parliamentary "take from the table" its based upon who really lives with who.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  2. Christopher Michael Larson

    Contributor Level 19


    Lawyers agree

    Answered . I am not sure what you mean. If the children are not yours, you are not the custodial or non-custodial parent unless you have legally adopted them. You cannot claim his children if you do not live with them.

    If there is a court order, the exemption and child tax credit go to the parent specified in the court order. You cannot grab the credits because the state is taking his refund. That would trigger a situation where two people took the credit.

    The EIC, dependent care expenses, and Head of Household can only go to the custodial parent. These cannot be transferred via court order. If you lived with your two children for more days of the year, you can claim these things. If he did, you cannot. In the absence of a court order, the exemption and Child Tax Credit also go to the parent the child lived with for a greater number of days.

    Christopher Larson

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