Legal Question in Family Law in Florida

My daughter graduated in May of 2015. She was 18 at the time. All support stopped at that time. My husband and I have paid all expenses (insurance, car, college, etc) and thought we could claim her on our taxes this year. We found out that he claimed her. Court papers say: The assignment of any tax deductions for the children shall be as follows; Dad to claim Carly, mom to claim Nick all years. Since she is no longer a child, can he still claim her this year since he paid child support through May? Can he claim her next year? They have no contact and he provides no support. Thanks


Asked on 2/24/16, 2:01 pm

4 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Check with a family tax attorney. My thoughts would be that he could claim for the period of time from Jan to May. Afterwards I would think (and I am not saying) that you would claim her for the rest of the year if it is only you and your current husband providing support for her.

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Answered on 2/24/16, 2:09 pm
David Slater David P. Slater, Esq.

He can claim for the time he provided court child support.

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Answered on 2/24/16, 2:24 pm
Robert McCall Law Office of Robert McCall

This is not Family Law issue but IRS/Tax issue since the child is emancipated. Generally whoever paid 51% of her support can take her but speak with IRS specialist.

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Answered on 2/25/16, 5:43 am
John Smitten Carey and Leisure

The child is emancipated so the court order does not apply. If you provided a majority of the child's financial support then you can claim the child.

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Answered on 2/25/16, 10:11 am


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