Legal Question in Family Law in Ohio
Claiming Daughter on Taxes
My daughter has lived with me for the past 7 months. My ex-husband won't let me claim her on my taxes. When we filed for divorce, I agreed to let him claim 3 of our six children we had together even though they all lived with me. When he made it difficult for me to work and raise the children on my own, I agreed to let them live with him. The second time we went to court I didn't have a lawyer and I agreed he could claim all 6 on his taxes. Since then he has remarried and our 16 year old daughter wanted to live with me because she didn't get along with the new step-mother. He told me the reason I couldn't claim my daughter was because he is in a higher tax bracket and needs her plus the other 5 children. Is there any way to fight him on this?
1 Answer from Attorneys
Re: Claiming Daughter on Taxes
The party that is providing over 50% of the support in a calendar year for a child is entitled to take the tax deduction, regardless of the agreement of the parties.