Q: Who can claim 1 year old child on income taxes, who has legal custody, and what rights does the custody parent have?
Never married to child's father. Lives with mother. Father's name on birth certificate. Child support being processed now. No court document or hearing for custody.
A: This is a tax question that only the IRS can answer. If there is no child support being paid currently ( you say it is "being processed"?) it seems to me that is would be hard for the father to claim the child as I think you have to be able to demonstrate to the IRS that you are providing 51% ( more than half) of the support for the child. Even so, many people cheat on their tax return. If there was a custody order ( parenting plan) under Tennessee law the "primary residential parent" gets the deduction/exemption unless there is an agreement otherwise.
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.
