Meridian, ID asked in Family Law and Child Support for Texas

Q: If I'm paying child support as a non-custodial parent, in Texas, can I claim my children on my taxes?

I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.

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1 Lawyer Answer
Amir Tavakkoli
Amir Tavakkoli
  • Houston, TX
  • Licensed in Texas

A: The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a federal issue, not one that can be decided by a state.

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