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Child Tax Credit and Child Support

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


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 Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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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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