Legal Question in Family Law in New York

Claiming Child Tax Credit

I have joint custody of my daughter, her mother has placement, and I pay child support. It was never brought up in a court as to who would claim her as a dependant. Is this default by placement or is it something whoever files first get it. Can she do anything about it if I have already filed and when she went to file she found out I claimed my daughter?


Asked on 2/06/08, 7:01 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Claiming Child Tax Credit

If nothing is mentioned in the separation agreement, settlement agreement, judgment or court order, the custodial parent has the right to claim the deduction.

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Answered on 2/07/08, 8:40 am


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