If I have residential custody of my 2 children, does their father have the right to claim one or both of them on his taxes?

We were never married and he pays child support (not lately).

Asked on January 10, 2013 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First I am assuming that there is an agreement in place as to custody and child support that mentions who will take them as a deduction.  If the agreement does not so state then generally speaking the custodial parents has the right to claim the dependency exemption, the child tax credit, the dependent care credit, the exclusion for dependent care benefits, head of household filing status, etc.  Please speak with our accountant and attorney.  Good luck.

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