Which parent is entitled to file the children on their tax return?

My kid’s dad and I have been separated for 5 years (never married); I have now married for 3 years. We have never had to set up a parenting plan because I let him see the kids on the rare event when he wants to. He does pay child support. He now is trying file them on his taxes. Can he do this?

Asked on November 10, 2012 under Family Law, Washington


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

Answered 8 years ago | Contributor

Generally speaking, the custodial parent is the one that is entitled to the tax credit on income taxes.  That can be modifies or waived but the non custodial parent must attach a required form to Tax Returns and it must be signed by the custodial parent.  I would speak with your accountant - and lawyer - here asap.  Good luck.

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