Skip to main content

Does the court typically order which parent can use the child tax exemption

Spokane, WA |

what do i need to do to get it were i can claim both of my children for income taxes. my ex hardley ever sees the kids when he is suppose to and contributes nothing but gets to reap the rewards at the end of the year while i struggle. Can i just claim them both this year before he does??

Court ordered a couple years ago for my son to be able to claim his son each year for taxes. She was ordered to petition the court once she makes over $17,000 a year in order for her to claim him. We heard that the law changed in New York and that whatever parent the child is living with, is the one that can claim the child and all court orders are now void.

+ Read More

Attorney answers 1

Posted

Do you have a court order that awards the exemption claim to someone? If yes, then you follow the court order until there is another court order.

Because the federal income tax is governed by federal laws, the IRS is not bound by an order of a state judge. The IRS's basic rule is the parent with whom the child stays most of the time gets to claim the child as a dependent (as other factors are met).

However, because the parents are subject to the jurisdiction of the state court, failure to follow the court's order may result in penalty to the parent not following the court's order.

If both parents claim the same dependents, the IRS will ask both parents to provide proofs of being able to claim the dependents. The parent claiming dependents without a legal basis to do so may be penalized.

For more information on who is a dependent and who can claim a dependent, you can read the first few chapters of Publication 17 provided by the IRS. P17 is available for free at www.irs.gov .

Without knowing more about your situation, no one can comment specifically about your situation. For help that is specific to your situation, you may want to review your facts and options with an attorney.

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer