Reading, PA asked in Child Support and Tax Law for Pennsylvania

Q: If my sons ex is on child support and lives in a different county can he try n claim my son on taxes? When I already fil

He is also behind on support and takes his son for a day a month?

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1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
Answered
  • Media, PA
  • Licensed in Pennsylvania

A: This is confusing but what I think you're asking is can your ex claim your joint child as a dependent on his tax return, even though he doesn't have custody and doesn't pay support regularly. The answer is yes, he can try to claiming the child. However, if you also claim the child, the IRS will request each of you to provide evidence that the child is your dependent and it sounds like you'll prevail. The IRS will generally first request the proof from the parent who files his/her tax return later.

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