Legal Question in Family Law in Georgia

Do I have to allow the non custodial parent to claim the child for taxes if we have a custody agreement? The child resided with me (except for every other weekend visitations) and I provided all financial support for the child throughout the year except for the weekends they were with the non custodial parent (including paying for health insurance for the child, although he is supposed to maintain health insurance on the child per our custody agreement).


Asked on 3/12/15, 11:29 am

1 Answer from Attorneys

Tahira Piraino Tahira P. Piraino

I will assume the settlement agreement entered into between you and the non-custodial parent did not address the issue of which parent can claim the child on his/her taxes. If you are the primary physical custodial parent, the non-custodial parent should not claim the child unless you sign the form allowing her/him to do so. If it is not specifically addressed in the settlement agreement, the IRS views the primary physical custodian as the parent who has the right to claim the child. If the non-custodial parent files his/her taxes first and claims the child, there is a procedure in place for the primary custodial parent to challenge that. I suggest you take your paperwork to an attorney to review it or, take it to the attorney who represented you in the divorce or legitimation action.

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Answered on 3/12/15, 3:03 pm


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