Since I have custody of my two childern and was never married to their father but he does pay support who claims them on taxes?

Attorney answers (1)

1. Licensed in IN

   

   Ryan Cassman

   Carmel Divorce / Separation Lawyer

   Contributor Level 9

   Answered January 20, 2010 13:46. The answer will depend on whether there is any type of court order granting him the right to claim the children. Without such an order, the default will generally be that the custodial parent has the right to claim. Otherwise, here is the IRS pub on this issue. http://www.irs.gov/pub/irs-pdf/p501.pdf

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