Legal Question in Family Law in New York

Family

I am divorced and have had our son with me for the last 14 months. His father has not used his visitations in 14 months. He wants to claim him on his taxes even though the child has not lived with him. The father pays child support but not regularily and he is $2,00 behind. Can he still claim him? There is nothing in writing anywhere saying who will claim him. His support and visitation is court ordered and he had not called at all.


Asked on 11/30/08, 8:41 am

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Family

I would say no he can't claim him you are the custodial parent, he is a deadbeat dad, what payments did he give to you last fiscal year? O!

In fact, I would bring a willfulness hearing against him.

Read more
Answered on 11/30/08, 10:33 am
Michael Markowitz Michael A. Markowitz, PC

Re: Family

Under IRS regulations if there is no agreement to the contrary custodial parent receives the deduction.

Mike.

Read more
Answered on 11/30/08, 1:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York