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kylepfreeman · Sep 5, 2009, 05:49 PM

I pay child support, and from what I pay, I pay about 70% of her costs, and her mother pays 30%, as determined by the court. I have joint custody, and see my daughter a couple times a week, and 2 overnights a month. Do I have a right to claim her on my Taxes at least every other year. I live in NY. Her mother and I were never married. Just want to know if I have a fighting chance if I take it to court.

Thanks

N0help4u · Sep 5, 2009, 06:05 PM

Her mother has to agree to it otherwise she can get you for fraud if she doesn't agree to it.

The best thing to do is have each of your returns filled out and rip up the one that profits less. You can agree to give her a percentage of the difference that you get if you do get the better return.
If she works some and has her for a deduction and is eligible for earned income credit she may be the better one to file.

stinawords · Sep 5, 2009, 06:50 PM

It depends on what your court papers say. Generally, somewhere in your support order it will say which parent claims the child for tax purposes. Of course if the mother agrees then it will be that much easier to have an every other year claim.

tsw · Feb 17, 2010, 01:59 PM

Married but had a baby by a married man we have established paternity and he is court ordered to pay child support is my husband still legally liable for my child I live in nc

jujubees · Jul 7, 2012, 01:38 PM

This happened to my hubby and his ex. They didn't have to go to court because they both agreed to share the children with taxes by him doing it one year and her the next and so on and so on in front of a hearing examiner. Maybe you could ask her about it. If she fights it then yes it would have to go to court if you really want to do it and that may cost you more than claiming her for taxes.

tsw, If you are asking about your hubby and not the married man you had your child with, your hubby has no rights to the child. Esp since you took him to court for child support & had a paternity test done. The baby's father has right's not your hubby. Sorry

Same with me- my hubby is not my child's birth father, my ex-h is and he has/had rights (she is 18 now) and my hubby being he is her step-father has no rights to her at all.