New York Divorce Attorney Discusses Claiming the Children on Income Tax

Question:

Can the father of my 2 children claim them on his taxes, he is only paying child support.  My partner and I aren’t married but he is the one working in the household.

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Answer:

I am often asked about claiming the children on taxes as a New York Divorce Attorney.  You refer to your ex as your “partner,” so I am assuming first that you were never married. If you are the primary custodial parent (the children live with you more than half the time), the presumption is that you claim the children as dependents, unless you and your partner agree otherwise. Only the Supreme Court has the authority to allocate the dependency exemptions—not the family court. SO, in the context of a matrimonial action (but not a Family Court child support proceeding), the court would be able to allocate a dependency exemption if there was a dispute.

Do you have questions about who can claim the children on your tax return?  Contact our experienced New York Divorce Attorneys to help you.

This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Divorce Lawyer.  This does not consent an attorney client relationship.