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Child tax exemption

Cadiz, OH |

i have 2 children with my husband. will a judge let me claim the children on my taxes since my husband pays child support? He visits them from 3:00pm Saturday until 7:00 pm Sunday every other week and I have to send food to his house with them so they have stuff to eat. also he has a side job which he gets paid under the table. I have proof of this through text messages. and there are checks from a different company that he never claimed on his taxes or on the child support calculation sheet. And I went to court with him and had his child support lowered by 100 per month last september.

Attorney Answers 3


  1. Best answer

    Typically, the child tax credits are negotiated between the parties and ought to be in the separation agreement and / or the parenting plan you have submitted to the court.

    R.C. § 3119.82 governs how the court should decide who gets the deduction.

    "When issuing or modifying child support order, court must designate which parent can claim the children for tax purposes.
    1. If parties agree, then court is to accept their agreement" (as I stated above).
    "2. If they do not agree, the court can designate the non custodial parent only
    (a). In best interest of children; or (b). If child support payments are “substantially current” in the year, the children will be claimed."
    3. Court also must consider
    a. Any net tax savings;
    b. Financial circumstances of parents and children;
    c. Amount of time each parent has the children;
    d. Eligibility of earned income tax credit; and
    e. Other relevant factors.
    4. If non custodial parent is awarded the right to claim the children, custodial parent is ordered to cooperate to take “whatever action is necessary to assist other parent in claiming the children.

    This answer contains information intended only for the use of the individual or entity named above and may be protected by attorney-client privilege or work product doctorine. However, the mere receipt of this answer, alone, is not sufficient to create an attorney-client relationship. If the reader of this is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this answerer is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this answer. Should the reader have any questions please feel free to contact Attorney Kotler at TBKotler@sbcglobal.net or 330-777-0065 Thank you


  2. For a discussion of how these matters can be handled please read Divorced Or Separated Parents: Claiming Children As Dependants at the following link: http://www.sjfpc.com/Dependency_Exemption_Divorced_Separated_Parents_Form_8332.html.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. I Agree with Attorney Kotler. There are several factors that the court would have to consider in order to determine which parent would be allowed to claim the child tax exemption. If you and your husband can come to an agreement, which in most cases, each spouse will alternate years, then the judge would enforce that agreement. In most cases where both parties are employed, the IRS grants the right to claim the child tax exemption to the custodial parent, absent a court order or an agreement in writing by the custodial parent to the noncustodial parent granting the right to claim the child tax exemption.

    The information provided is for informational purposes only and no attorney-client relationship has been formed.

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