Legal Question in Family Law in New York

if there is no court order in place who has the right to claim a child as a dependant on taxes? A mother who has the child over 90% of the time of Afather who has the child every other weekend


Asked on 2/18/13, 12:58 pm

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

The custodial parent typically declares the child as a dependent on his/her tax returns. However, if there is a written divorce agreement or other written agreement allowing the other parent to declare the child, then that document will typically supercede. If you have a divorce agreement I would be happy to review it for you.

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Answered on 2/19/13, 7:47 am


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