Legal Question in Family Law in Texas

When parents share custody of a child and one parent pays child support, isn't it true that only one parent can claim the child on their taxes for earned income credit? I understand that the parent paying child support can claim the child as a dependent and get EIC every other year, right? WHY can't EIC received for a child not be considered when calculating backpay?


Asked on 6/03/11, 2:58 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You need to tell us what you mean by "share custody." Are you a joint managing conservator? Are you and the other parent 50-50 as far as actual possession of the child?

Generally, the parent with whom the child actually LIVES is the one who gets the dependency deduction each year, NOT the parent who pays child support. This is EVERY year, not every other year.

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Answered on 6/04/11, 10:32 pm


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