Pittsburgh, PA asked in Tax Law for Pennsylvania

Q: Can a hearing officer in PA for support give a child tax credit when irs laws say I am the custodian parent.

Can a hearing officer in PA give a child tax credit to the noncustody person that makes less than I and our settlement agreement says that i get both tax credits and make me sign the 8222 form.

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1 Lawyer Answer

A: Regardless of who earns what, and regardless of what the settlement agreement says, the IRS gets to determine who is entitled to the child tax credit. So if the hearing officer in PA is affiliated with the IRS, the answer is yes.

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