Legal Question in Tax Law in New York

Child Tax Credit

I am a single mother of two children. I have a 15 year old son that is temporarily staying with his biological father while I find a big enough house for the three of us. My ex-husband verbally agreed to take care of my son until I got back on my feet. I have legal custody of him. I claimed my son on my taxes this year as per my ex-husbands verbal permission, knowing that he lived with my ex-husband for the year. Now my ex-husband has claimed him also and he is threatening to call the IRS on me. He also is threatening to turn me in for child support when in all actuality he owes me thousands of dollars in arrears for the past 14 years. Am I in big trouble for claiming my son on my taxes and if so, what will happen to me? If it helps your decision at all, I am also legally disabled from Spina-Bifida and Marfans syndrome from which I have had open heart surgery and a triple by-pass at the age of 26.

Please help me!

Sincerely:

Am I in trouble????


Asked on 1/21/04, 7:03 pm

1 Answer from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Child Tax Credit

The parent who provided more than half of the support for the minor child is entitled to the deduction.

If an error has been made, it can be corrected by the filing of an amended tax return.

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Answered on 1/22/04, 9:27 am


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