Q: My fiance' is claiming her daughter on her income tax, her ex husband said she would owe him what he would get back.
She's claiming her daughter on her income tax, her ex husband has said that if he can't claim her and head of household that my fiance' would owe him the total amount he would have gotten if he claimed her and HoH. There is no custody agreement through the courts. There's nothing in the divorce papers about this at all. The past 2 years, she allowed him to claim her because he would get around $1800 claiming HoH and her. My fiance' would get around $800. The daughter is supposed to be living in both locations (50/50 split) and so my Fiance' feels she has the right to claim her this year.
A: Generally the parent who has primary custody may claim the child on their income taxes. In Pennsylvania there is no hard and fast rule as to which parent may claim a child when there is 50/50 custody.
If the party's cannot agree, they will have to motion the court to make the decision for them.
Please feel free to visit my blog for information on federal income taxation as it relates to Family Law in Pa.
Lisa Marie Vari, Esquire
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