Chalmette, LA asked in Tax Law and Child Custody for Louisiana

Q: Nov 2019, I was awarded custody of my daughter, with liberal visitation for the mother. Child lived the whole year with

me, and only went one day to her mothers in 2020. Upon filing with turbo tax, it was determined that because of the court order I would be able to file HOH and qualify for the EIC and the mother gets to claim as a dependent. Mother isn’t happy with just the dependent. In an email with her lawyer, I was instructed to amend my taxes to say single or they were filing with court as it makes no sense to file on her part just for dependent money and she wants the earned income credit also. Can a Louisiana judge force me to change on my taxes that the child didn’t live with me?

The judgment says the mother claims her this year, but when I did turbo tax, they stated since she lived with me for the year that I would get the EIC and the mother would get to claim as a dependent. Mother is unhappy with just getting the dependent money

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1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Divorce Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: If you were domiciliary parent, then you get the dependency deduction unless a judgment says otherwise.

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