Q: IRS Tax Deduction Rights if noncustodial parent living out of state?
I have a child support order. At that time both myself and my child's father lived in the same area. Shortly after the order my child's father moved to KY (we lived in FL). He saw his son approx 6 times in about 6 months. The order says he has the right to claim him on his tax return in even years and I must sign the form to give him permission as long he is in good standing. When the order was established he owed $6,000 in arrears. He has paid child support and arrears timely from that date (obviously he is still in arrears however). Do I still have to give him permission to claim our son on the tax return? I just feel if he wasn't even around his son he shouldn't be allowed to claim him. I know if it were up to IRS law he couldn't, but with this order I'm not sure. Please advise. Thank-you.
A: Your feelings are not enough. It appears to me that he can claim the child but I would have to read the final judgment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
