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Does a noncustodial parent have the right to claim their child on taxes

Everett, WA |

does a noncustodial parent have the right to claim their child on taxes when it has not been decided by the courts. the noncustodial parent does pay monthly child support, but there was never a support order.

Attorney Answers 4


  1. Who claims exemptions is one of the things that must be included in the final order of the court. It is smart to also include it in temporary orders at the time of separation. Without agreement or an order, there is no clear directive in your case. However, the answer to your question is that a non custodial parent will have an argument for an exemption if they are paying their child support in a timely manner.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


  2. Who claims exemptions is one of the things that must be included in the final order of the court. It is smart to also include it in temporary orders at the time of separation. Without agreement or an order, there is no clear directive in your case. However, the answer to your question is that a non custodial parent will have an argument for an exemption if they are paying their child support in a timely manner.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


  3. Probably not. The child would be claimed by the parent he lived with the majority of the year.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


  4. Not without your consent. for a noncustodial parent to be awarded the exemption for the child, the non-custodial parent should receive an IRS Form 8332 releasing your right to claim the child.

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