Legal Question in Family Law in Florida

I have my son 65% of the time and his father pays 75% of the child support amount. Who has the right to claim him on the tax return?


Asked on 1/14/12, 12:54 pm

2 Answers from Attorneys
Gregory Buckley Gregory T. Buckley, Attorney at Law

Generally, the IRS deduction/exemption goes to the parent with whom the child lives the majority of the time. Has this issue ever been raised in any court proceedings? If so, you need to follow that. If it has not, then I believe the general rule should apply in this situation.

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Answered on 1/14/12, 6:58 pm
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr. Buckeley. The reason the resident parent also gets the deduction is due to the tax situation. If the other parent claimed the child then he would have more income - more income would mean higher child support payments.

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Answered on 1/16/12, 7:14 am


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