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Could a non custodial parent ask the court for the right to claim a child for tax purposes?

Normal, IL |

I have a child support case opened by the state of Illinois. I am current on support and have been paying since the order was placed. I do not have joint custody but I do have visitations. I would like to claim my daughter on 2012 taxes and every other year after. My daughter's mother has more income than I do and also lives with her parents. Between myself and her parents there is no child care costs involved. Could I obtain the right to claim my daughter on taxes?

Attorney Answers 3

  1. You can ask to be allowed to take the exemption, particularly if you are current in your support obligations. If allowed, this should be reduced to a court order. There is a special IRS form which must be signed by the other parent. Make this request of the AG or ASA handling the case if you are not represented by counsel.

  2. You can request it yes. The mother must agree. It does not say if this is a paternity case. I am assuming it is. The deduction is a negotiated item. Under the law the custodial parent gets the deduction if there is no agreement in a court order stating otherwise. The law that applies is the federal tax law. Parties are always free to agree otherwise. Parties often rotate the exemption so one party gets it one year and the other the following. We usually say one get even and one gets odd years. This is always a good position to take if she does not agree that you get it every year. She really has no incentive to agree to give the exception to you. You could always argue that you have a greater need and/or you will benefit more from using it if in fact that is the case. Since I do not have all the facts I really do not know.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

  3. Yes you can ask the court for this situation. The IRS regulation states that whoever pays 50% plus $1.00 is entitled to the exemption. The custodial parent has to sign a form every year if the court orders a change to you on the exemption.

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