If your child has lived with 100% of the time for the past year, can you take them as a tax deduction even though your shared parenting plan provides otherwise?

In their plan agreement, my friend is to be able to use her daughter as a tax deduction every third year. Last year was not such a year, however her 17 year old daughter lived with her 100% (and for 5 months prior). I would think the Federal government tax guidelines would supersede the agreement in this case, correct?

Asked on January 13, 2019 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, until the terms of the shared parenting plan are modified by the court, they remain in effect. So unless they contain an allowance for the type of situation that you have described, they control has written.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.