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

Related Topics:
1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Divorce Lawyer
  • Covington, LA
  • Licensed in Louisiana

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.