Q: Does court order for claiming dependant over ride the actual dependency qualification criteria on federal taxes?
I have court papers from Ohio that identify me as residential parent for my 11 yr old son. At the time, the papers were done, I had shared parenting with his mother, there was no child support paid. Based on this shared parenting, we were to claim him on our taxes every other year. However, by mutual agreement, she now takes him only every other weekend. We have not gone back to court. Can she still claim him on her taxes as a dependent, even though he did not stay with her more than half the year, or she did not provide for him? Does the court papers over rule the dependency questions on the tax form? I wanted to claim him this year, but she is saying the court states it is her year
A: Given the change in circumstances, your best cause of action is to ask the court for a modification of the agreement.
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.
