Legal Question in Family Law in Washington

income tax

divorceed couple childern live with father full time,can the mother claim the kids for tax refund?


Asked on 1/05/08, 7:20 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: income tax

It will depend on what the order of child support says. There is no reason to give the IRS money that can legally be kept just because you are divorced.

The earned income credit depends on whether you are supporting children as a head of household. The tax exemption for children is different. Talk to your ex, and see what your order of child support says. You and the ex can reach agreements for tax planning purposes that the divorce court will ratify, if you want to.

But if your order of child support says the father claims the children, and you claim them as well, you are going to have some 'splaining to do to the IRS.

Hope this helps. Elizabeth Powell

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Answered on 1/05/08, 8:39 pm


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