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

Answers:

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.


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