Skip to main content

Can my daughter's father claim her on his taxes?

Essig, MN |

He pays child support on a monthly basis , but has $ 3100 . 00 in back child support to me and over $ 5000 . 00 to another gal . My daughter lives with me , but goes to his house every other weekend . He told me he consulted a tax person and said he would have received $ 6000 . 00 back , which i think is B . S . Because from what i understand he cannot claim the childcare , just her as a dependent . We do not have an agreement by court and i have not signed a 8332 ( i believe that is what it's called ) . Please help , i just need some clarification .

+ Read More

Attorney answers 3

Posted

What, if any custody does your daughter's father have? If he established custody, either through a petition to establish custody or a divorce, then I would double check the court's order. If he has not established any custody rights, then you have a strong case to claim your daughter as your dependent. There are different ways parents handle claiming a child for tax purposes. Some alternate years, and some do it based on parenting time. If there is no prior agreement, then I suggest speaking with your ex trying to come to an agreement on how to handle this issue. But you cannot both claim the child as a dependent for the same year.

In general, either parent has the right to claim their child as a dependent, however, under the circumstances, it would be subject to whatever you agree to. I would speak with a lawyer to fully evaluate your situation.

Nothing in this response constitutes legal advice. Doyle Hance, LLC does not represent you nor has Doyle Hance, LLC entered into an attorney-client relationship with you.

Posted

The child care credit goes with the dependency exemption. If you do not claim her as a dependent, you cannot claim the child care. The tax rules state that you must contribute 51% of a dependent's expenses. I recommend that you do not give up the dependency exemption, and definitely not without consulting an attorney. You should hire an attorney and come to an agreement about this, but you should not give up the exemption without getting something in return. At the very least, child support can be modified to include the additional income from the tax return. An attorney can help with this.

I appreciate your endorsements! If you "agree," or found this response "helpful," please mark it as so. The Law Offices of Sara M. G. Rojas offers free consultations by phone or in person. To schedule one today call 612-206-3722 or email me at srojas@rojaslegal.com. Disclaimer: Nothing in this response constitutes legal advice or creates an attorney-client relationship. You should always consult with a local attorney regarding your specific legal circumstances. Answers posted on Avvo are intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation about your specific legal issues, with an attorney licensed to practice in your jurisdiction. You should not rely solely upon this website, or other resources which may be linked to an answer in addressing your legal issues. Questions and answers, or other postings to the Avvo site, are not confidential and are not subject to attorney-client privilege. The full Avvo Terms of Use are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of Minnesota and the U.S. District of Minnesota. Any general information I provide about non-Minnesota laws should be verified with an attorney licensed to practice in your state.

Posted

You definitely need to consult with an attorney. It would be a good idea to reach an agreement with your child's father and put it in writing. This will help to prevent any tax issues in the future.

lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.