Legal Question in Family Law in Ohio

Child Support - Claiming a dependent

I am paying child support. My payments are current and no arrearage is due. I am the non-custodial parent. Can I claim my son as a dependent for income tax purposes? There was no discussion of this in our divorce agreement or child support order. I realize I am unable to claim the Earned Income & Child Tax Credits, as my son does not live with me. Do I have a legal right to claim him on my income taxes without her permission?


Asked on 2/15/09, 11:08 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Child Support - Claiming a dependent

Review your separation agreement to be sure there is nothing to this effect in it. A clause of this nature is standard language. If there has been no agreement, then it is important to square this with your child's mother. A double exemption is something you will then be taking up with the IRS and not the court.

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Answered on 2/16/09, 9:12 am


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