Legal Question in Family Law in Michigan

Child Tax Credit

My child is 2yrs old now and I am planning on asking the court to allow me to get the federal tax credit every other year.My ex-girlfriend was married before and the court ruled since they had two children together that each could claim one on their taxes. My question is do I have a chance in Michigan of having this request granted so I can claim her on my tax forms every other year.


Asked on 12/27/01, 9:59 pm

1 Answer from Attorneys

John C. Talpos Talpos & Arnold

Re: Child Tax Credit

I have received a copy of your posting regarding the child care credit for your child. I have never seen the question posed with facts such as yours. Normally it would be a property settlement issue in a divorce. However, you never married the child's mother. Therefore, I think the Court would refer to the IRS standards for making that decision. i.e. do you provide more that 50% of your child's support. If you do, you would receive the credit; if you don't, you don't get the credit. BUT if you do provide more than 50% you don't need a court order, just take it. The only time that you need a court order is if you provide less than 50% and want the deduction or if there is going to be an argument with the other parent over who is to take it and you need the order to protect your interests. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 12/29/01, 9:26 am


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