Can a non-custodial parent be given the right to claim a child on their taxes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a non-custodial parent be given the right to claim a child on their taxes?
Can a court judge rule that my ex-husband can claim our daughter on his taxes every year, even though I have primary custody and he has only visitation rights?
Asked on November 11, 2011 under Family Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You raise a very interesting question here. You are correct in your underlying assumption that the custodial parent generally has the right to claim the child or children on their taxes. Now, that right can indeed be changed but generally speaking it must be waived by the custodial parent (usually in the divorce agreement or settlement) and the custodial parent has to fill out a special form for the IRS. Now, if both parents claim the child or children then the IRS has their own mechanism for figuring out who gets the exemption based upon gross income, custody, etc. But here a Judge has abrogated your right to claim your child. What was the basis? Something does not sit well with me on this. I think that you need to seek legal help from some one who can look at the entire picture. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.