Legal Question in Family Law in Kentucky

Tax Credit

What is the likelihood of being granted a the tax credit for a dependent child if one is paying over 60% of the child's support? The mother left the father 7 years ago taking the child with her, and she has claimed the credit for the child the entire 7 years. Is it worth pursuing in Court, or is the Court likely to continue to let the mother take the credit since she has primary POSSESSION (not custody, however) of the child?

Thanks!


Asked on 10/16/02, 12:49 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Tax Credit

60% as compared to what??? If this is pursuant to the Ky child support schedule, then there is a slim chance. Usually in this situation, the person with whom the child resides is favored with the deduction, etc. IRS even has a preference. Depending upon the amount of money that you are paying, it may be worth your time to move the Court for an order giving you this. See what local counsel says about the local attitude on the bench toward this.

Read more
Answered on 10/16/02, 4:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky