Chicago, IL asked in Tax Law for Indiana

Q: Who claims child for 2021 tax season?

Divorce final in May 2021. Decree states that the petitioner can claim in 2021 and odd years. Respondent can claim in 2022 and even years. My ex husband is fighting me on this even though I’ve tried explaining that I claim this year.

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: The tax year is the year the taxes are due for and not the year they are filed in. So if the mother is awarded the odd years then they would be 2021, 2023, 2025 etc. In other words in 2022 you file for 2021 which is an odd year. You may have to get the lawyers or courts involved again if there continues to be an issue.

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