Legal Question in Family Law in New Hampshire
My child's father is the non custodial parent, he wants copies of my daughters ss# and birth certificate to claim her on his taxes. He does not have custody of her for half the year, but he does pay child support. The issue is I was unemployed this year so I could finish my college degree. Will he be able to claim her since I had no source of income. I really am not comfortable with him having this amount of money because I don's trust him and he does not even support our child. My daughter has one over night visit with him and she spends that one night at his mothers! I need advice!! Thank you!
1 Answer from Attorneys
Unless a court has Ordered otherwise, the standard for claiming a child or any person as a 'dependent' for income tax purposes is the primary support test (ie. who provides the majority of the support for that person). There are rebuttable presumptions that accompany primary residence (residing with a party for more than 1/2 of the year) however, if more than one parent claims a child, the Internal Revenue Service will conduct an audit to determine who is the proper party.
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