Legal Question in Family Law in Colorado

Who claims dependents?

I have two children, both have lived with me their entire lives. Their father lives in Colorado and does not see them. He and I never married. Paternity was confirmed August, 2004, and he is required to provide child support, which I have received now for a little over one year.He stated paying in September, 2004. He hired a lawyer and wants to claim the children as dependents on his tax return. I have a lawyer but I don't feel I am getting the correct information.

His lawyer said that Colorado legislature allows for this. The IRS information I have read states that the custodial parent has the right claim them as dependents, as that parent as seen as the one providing more than 50% of their support.

The children are now ages 6 & 7. He does not see them and has not seen them since July, 1999. What does the law in Colorado state in this situation?

Thank you,

K


Asked on 12/05/05, 12:51 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Who claims dependents?

I am not a CO lawyer, but if it's like TX, the child support obligor could obtain an order to claim the children. That would be one way to ease the burden of child support. I hope your order is from TX. At least that way he would have to come here to change the order. He should be required to prove that he provided more than 1/2 the children's support. I doubt that the child support equals or exceeds 1/2 the children's support.

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Answered on 12/05/05, 2:34 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Who claims dependents?

I would error on the side of the federal gov. If you have an attorney they should know that state law does not trump Fed law. If you need further assistance e-mail me.

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Answered on 12/05/05, 2:53 pm


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