Legal Question in Family Law in Pennsylvania

My wife and I live in Pennsylvania and her daughter's father lives in New Jersey. Prior to my wife and I being married, though her daughter lived with her, he ex would claim the child on taxes. Now that we are married, what are our rights on claiming the child on our taxes? My wife and her ex were never married and there is no agreement on custody other than a verbal one. The child lives with us full time but see's her father every other weekend.


Asked on 8/14/17, 5:03 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Who gets the tax benefits of having the child is settled in the support order or sometimes the custody order. It doesn't sound either order exists. So then we look and see what the IRS rules say. The rules allow the parent who is providing more than 50% of child support. In addition where the child lived also counts.

As a practical matter, the first parent who files a return claiming the child first to get the deduction. While you could do that expect a war if you do. You need to get a custody and a support order in place.

{John}

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Answered on 8/14/17, 7:13 am


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