If I have sole custody, can I claim my child every year on my Income Taxes?

Asked over 3 years ago - Mchenry, IL

I was told I could claim my child every year by a tax man. IRS said I have the right, but I was told it is up to the judge and that it might be every other year. However, if I can show I spend more on my child than the child support I get, I should be able to claim my child every year.

Attorney answers (2)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Look to your custody judgment first. If it is silent and you are the sole custodial parent, then yes.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In most situations, if the child lives with you more than 51% of the time, you get to claim the tax deduction & more importantly, file as "head of household."

    But your custody agreement may provide for something else, so take it out & read it carefully. If it doesn't say anything, then the tax deduction belongs to you, as the parent with custody.

    Hope this perspective helps!

Related Topics

Sole custody

Sole custody means that a child will only live with one parent, although the other parent often still has legal decision making power and visitation rights.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,493 answers this week

2,911 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,493 answers this week

2,911 attorneys answering