Q: Can I claim all of my kids for tax purposes.
In late January 2023 I was granted full physical custody of 4 of my children. In April we had a hearing for child support where the judge ordered the petitioner to pay child support, at the same hearing we let the judge know my 3rd oldest child wanted to stay with dad (petitioner) and I would get him every other weekend (Friday-Sunday). Taking that into account the judge still ordered the petitioner to pay child support since I had the other children 98% of the time and also put me claiming all the children for tax purposes. I have a court hearing transcript where that’s specified but no actual order signed by the judge or minute order. Now my question is can I still claim all of them since thats how judge set the child support or what would I have to do. I’m self represented and petitioner is furious when I told him I would be claiming all the children saying he would came after me with the IRS
A:
The right to claim children for tax purposes generally aligns with custody arrangements and support orders. If a judge has indicated in a hearing that you are to claim all the children for tax purposes, this typically should be followed. However, without a formal order or minute order, the IRS may not recognize the judge's verbal directive.
It's important to obtain a formal written order from the court that clearly states you have the right to claim all your children for tax purposes. This documentation is crucial, especially if the IRS questions your tax filings. Without a formal order, the IRS typically looks at where the children spent the majority of their time during the tax year.
Since the petitioner is contesting your right to claim the children, it would be wise to resolve this matter legally to avoid potential disputes with the IRS. You might want to file a motion with the court to get a formal order reflecting the judge's decision. This will provide clear legal backing for your tax filings and could help prevent future complications.
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.
