my fiance' has 2 children from a previous marriage. he pays childsupport faithfully on a weekly basis totalling 707.00 a month. he was awarded everything other weekend visitation and split holidays. does he have the legal right to claim atleast one child on his yearly tax return?
Asked on 4/24/10, 11:34 am
1 Answer from Attorneys
Adam Lambert
The Law Office of Adam S. Lambert
Usually, the child custody agreement or judgment specifically states who gets the deduction (and it usually rotates from year to year or gives one deduction to each parent). If his judgment does not state anything about it, he can petition the court for that. He should not simply claim the child, as it will set off an audit and he could get into trouble.
Answered on 5/01/10, 6:24 pm
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