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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29802
Experience:  Attorney with experience in family law.
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I got physical custody of my kids around june14 but was

Customer Question

I got physical custody of my kids around june14 but was paying child support before that also.She does not pay any child support.Does she still get to claim then on her taxes and I dont?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Who claims a child on their taxes has nothing to do with child support. It's not based on where they lived at the beginning or end of the year, or during tax time. The parent with whom the child resided at least 183 nights over the course of the year (meaning more than half the time) is considered the custodial parent and gets to claim the children on their taxes. If the children moved in with you in mid-June, you may have kept them enough nights during the year to make you the custodial parent. What you'll have to do is sit down with a calendar and calculate how many nights, if any, they stayed with your ex from June 14 - December 31 and how many nights, if any, they stayed with you from January to June 14 (and check the date of that order to confirm the dates).

But first, look at your court order. If the original order gave your ex the right to claim the children specifically, and you didn't request to have that changed, then she keeps that right for 2015 and you'd have to go back to court and ask the judge to modify the order so you could claim them going forward.

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