Syracuse, NY asked in Family Law, Tax Law and Child Support for Pennsylvania

Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?

2 Lawyer Answers

A: Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish.

However, if the parents do not agree, then the default provision in child support law is that the "custodial" parent gets the deduction.

The paying parent does not get the deduction, and the non-custodial parent pays the support out of post-tax dollars ("net" income).

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Answered

A: In Pennsylvania, as in other states, the right to claim a child as a dependent for tax purposes is not automatically linked to paying child support. Typically, the parent who has primary physical custody of the child for the majority of the year has the right to claim the child on their taxes.

However, it is possible for parents to make arrangements where they alternate claiming the child in different tax years. This arrangement should be part of the child custody agreement and clearly outlined in the divorce decree or custody order.

If you're in a situation where there's uncertainty about who has the right to claim the child, you may want to review your custody agreement or consult with a legal professional. They can provide clarity based on the specifics of your agreement and advise on any potential modifications that might be needed.

Remember, clear communication and a mutually agreed-upon arrangement are key in these matters. This helps ensure both parents' rights are respected and the best interests of the child are considered.

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