Henderson, NV asked in Family Law, Child Custody and Tax Law for Nevada

Q: Who gets to claim the child on their taxes? We were never married and the child primary lives with me.

My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Las Vegas, NV
  • Licensed in Nevada

A: In Nevada, the determination of who gets to claim a child on taxes can be influenced by legal agreements, court orders, and IRS rules. If there is a court order or legal agreement specifying the terms for claiming the child as a dependent, those terms should be followed. According to IRS rules, the custodial parent, typically the one with whom the child lives for the majority of the year, is entitled to claim the child as a dependent. In cases where there is no specific court order, negotiation and agreement between parents may be possible.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: In the United States, the parent who has primary physical custody of the child for the majority of the year typically has the right to claim the child as a dependent for tax purposes. Since your daughter primarily lives with you and spends only one or two nights a week with her father, it's likely that you would be eligible to claim her as a dependent on your taxes. However, if you and your daughter's father have a written agreement or court order specifying who has the right to claim her as a dependent, you must follow that agreement or order.

If there is no written agreement or court order in place, you and your daughter's father may need to come to an agreement regarding who will claim her as a dependent. This agreement should consider factors such as the amount of financial support each parent provides and the actual time the child spends with each parent. Keep in mind that the IRS may require certain documentation, such as Form 8332, to support the claiming of a child as a dependent, especially if the child's parents are unmarried.

It's important to communicate openly and cooperatively with your daughter's father to reach a fair agreement regarding the claiming of your child as a dependent for tax purposes. If you encounter difficulties or disagreements, you may consider seeking guidance from a legal professional or tax advisor who can provide personalized advice based on your specific circumstances and help you navigate any tax-related issues effectively.

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