My ex husband and I have a court order that states I file my daughter even years and he files her odd years. He is saying he files her this year since it is 2019. I believe I file her because we are filing for 2018. I need a legal answer as to who files her this year.
You might want to read a blog I just wrote on this very topic at our law firm’s web site. For 2018-2025, all personal exemptions are placed at zero value. This includes the child tax dependency exemption. There is however, a $2,000 child tax care credit that still can be claimed. Isn’t 2018 the “even year?” If your court papers state you claim in even years, you would claim for 2018.
Without actually reading the court order, one cannot say with absolute certainty, but the court order was probably referring to the tax year for which the return was being filed, rather than the year in which the return was filed. I hope this helps.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
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