Q: I share custody of my child. Thier mother and I were never married. Since they were born I have claimed my child on
My taxes. After I recieve the return I split the money with thier mother. I've been told that since I pay child support the money from the return should stay with me. My child lives mostly with their mom and her husband. I only get my child on every weekend and some holidays. I would like to know who would be entitled to the money or who is allowed to claim my child? The mother does not work. Her husband supports their household.
A: Has the child's mother objected to your claiming the child as a dependent? If not, if you are paying child support pursuant to a court order, and the order is silent regarding who may claim the child, what you have been told is correct: you don't have to pay the mother a portion of your income tax refund in addition to monthly child support.
Bruce Alexander Minnick agrees with this answer
A: The first thing we would need to review is any agreement that you have and what the agreement says. If there is no agreement or order, then you are free to keep the money. If you are paying child support, then she should be filling out the necessary tax documents that allow you to claim the child. Typically, we make agreements to have the parents alternate years. But just splitting the child tax credit 50/50 each year can work also. For more information, please call us for a free consultation 407-878-5942.
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