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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


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 or 330-777-0065 Thank you

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For a discussion of how these matters can be handled please read Divorced Or Separated Parents: Claiming Children As Dependants at the following link:

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 , his website is and his blog is

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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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