Legal Question in Family Law in New York

Child Support - Claiming child on taxes

Is a non-custodial parent able to claim the child on his/her taxes every other year (without consent of custodial parent) by NYS law? I was told that this can be done without telling the custodial parent and that the custodial parent cannot say anything because the non-custodial pays child support through the courts! Also was told that the custodial parent would be the one to get in trouble with tax officials if both claimed that child on taxes. Child lives with custodial parent all year long (does not have any relationship with non-cust.)

This doesn't sound right or fair to me; please help!


Asked on 3/02/04, 2:52 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support - Claiming child on taxes

NO. Not without consent of the custodial parent.

The Consent should be written on a IRS form,

that serves to protect the non custodial parent's " right" to claim the child or children, in the event of dispute.

The custodial parent has the PRESUMED RIGHT, to claim the children, by the Federal Govt, and all of the States. This "Presumption" is rebuttable, but the proof necessary to rebut the presumption, is substanial.

Which means someone gave you some very WRONG info.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

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Answered on 3/03/04, 7:43 pm


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