Legal Question in Family Law in Missouri

IN a ongoing divorce,if the father can prove the amount of time that he has his daughter-which is more than the mother-can the mother claim the child on taxes.Especially since she knows that the father(with her permission and the knowledge of the mediator)has already filed his taxes claiming the child.They have both switched years on claiming the child.One claims one year and the other claims the following year.


Asked on 2/15/11, 7:57 am

1 Answer from Attorneys

Anthony Smith LawSmith

If the court orders that one parent take the deduction one year the other the next, that is how it is, unless the parties agree. The amount of time the child spends with one parnet is not an automatic determinent of who gets the deduction. Your divorce attorney can explain this to you.

Good luck

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Answered on 2/15/11, 9:40 am


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