Legal Question in Family Law in New York

Claiming Child on Taxes

I am the custodial parent of my child, as ordered by The Family Court. I recieve $25 a week in child support as ordered by the court. I am responsible for all health care ($2,500/yr.), medical bills, child care expenses, and education costs. It is not stated in our papers that he can claim our daughter every other year, or ever for that matter. I was told by another party that he has a right to claim her every other year, but I do not think this information is correct. I wanted to know that if it is not stated in our court order that he can claim her, does he really have a right to? I wouldn't think that would be fair if I am providing for over half of our childs expenses.


Asked on 11/14/06, 1:24 pm

1 Answer from Attorneys

Re: Claiming Child on Taxes

Unless the court order directs that the non-custodial parent can claim the child every other year, then they cannot. The Internal Revenue Service standard equates physical custody with proof of primary support. If the other parent wishes to challenge the IRS, they would have to prove more than 1/2 of the child's support (rent, food, clothes, medical, daycare, toys, etc).

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Answered on 11/14/06, 2:09 pm


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