Legal Question in Family Law in New York
tax return-child credits
I have never been married to the father of my 2 children, 10and 11 yrs old. I have always filed my returns claiming them. He feels he is entiled to 1 of them on his return. They live with me and he pays childsupport of $142.a week. Is he entitiled to claim one child?
Asked on 3/22/07, 3:09 pm
1 Answer from Attorneys
Re: tax return-child credits
The IRS Standard is simple: Unless there is a court order, the standard is "who provides the majority of the child/children's support?" If the children live with you, you are the presumptive main support of the children - $142 a week is not enough for 2 children to live on their own, and not even half enough, so unless the father obtains a court order, you should continue to claim the children on your tax returns.
Answered on 3/22/07, 4:18 pm
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