Legal Question in Family Law in New Mexico
My boyfriend has a daughter with another girl. He pays child support and he has visitation rights but the mom doesn't let him see his daughter. The mom also gave custody to the grandma of the little girl. My boyfriend has been trying to gain custody of the little girl but the courts say he doesn't have a big enough case. Is there anyway we he can claim his daughter on his taxes since he is paying 100% on everything.
1 Answer from Attorneys
Visitation: She has to abide by the parenting plan. If she does not then he can ask the court for an order to show cause why she should not be held in contempt of court for failure to follow the court's order.
Taxes: Child support orders often have language that determines who gets to claim the child on their taxes. If not, then the IRS rules apply, which is that whoever pays more than 50% gets to claim the kid. Sometimes parents agree to split it - one year one parent, the next year the other. But id both parents claim the kid in the same year and the IRS figures it out then they'll make both of them come up with proof - not a pleasant experience for either parent, especially the one who loses, and an experience bad enough to make a compromise worth while.
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