Maumee, OH asked in Tax Law for Ohio

Q: Had shared custody of two kids. Ex gave up custody this past Oct. He doesn't have half the time, pays child support.

He wants to still claim one child on his taxes because it is in our agreement. Can he legally do that still?

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1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
  • Tax Law Lawyer
  • Englewood, CO

A: Under IRS rules you have to fill out and sign a form to allow him to deduct the child. This is because the IRS defines you as the custodial parent.

However, you also have a court order that says he gets to claim the child.

So if you don't send over the form and you deduct the child his recourse is to file a contempt action against you for violation of a court order.

Anthony C. Satariano agrees with this answer

1 user found this answer helpful

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