Legal Question in Family Law in New Hampshire
Who Claims the Children?
I have physical custody of my two children, their father pays child support of 110.00 per week, we both pay 50% of the cost of the health insurance, but I pay the co-payment and prescription costs and pay for the school activities and lunches and supplies and so forth. He has them every other holiday and Wed. from 5:30 - 7:30 and every other weekend, then for 1 week during summer and 1 week during school vacation, I am the one that should be able to claim them right? I receive the earned income credit when I claim them cause I make under the amount? my lawyer wants me to sign a form allowing him to claim them. He says the judge will probably order me to allow him to every other year, I think my lawyer is just trying to settle nicely. I really need this income, Is there any truth in this? Who really can claim the children?
2 Answers from Attorneys
Who can claim the children?
I do not pretend to know NH law. In NC generally, the primary caregiver would be allowed to claim the kids for tax purposes. There are exceptions. I would get a 2nd opinion before signing any agreement. Good luck, jim
Who Claims the Children?
The custodial parent has the right to claim the children as dependents on income tax returnsunless a court orders differently or the parent signs a waiver. If you don't sign a waiver, youwill have the right to claim the children unless a judge changes this.