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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Can the non custodial parent have the right to claim the child

Resolved Question:

Can the non custodial parent have the right to claim the child on their tax return if the custodial parent does not work?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- This depends on the language of the child custody order as to who gets the deduction. In order to change the order you would have to file a motion with the court assuming the order gives the custodial parent the right to take the deduction. Most courts will allow the deduction to be taken by whoever it can benefit the most so that it is not wasted.


Dave Kennett

Customer: replied 7 years ago.
The custodial parent does not work. How can she claim the child is she files no tax retrun?
Expert:  Dave Kennett replied 7 years ago.

She can't but if the order says that she gets the deduction you could have a problem if you make the claim without changing the order. I'm just trying to protect you. You can go ahead and claim the deduction but it could be a violation of the child custody order.



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