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That issue is affected by state laws and court orders and separation agreements. You need to find the answer before claiming the child. In some states the working custodial parent has the right to claim the child as a dependent regardless if the non-custodial parent pays child support in recognition that the parent with custody generally spends more time and money on caring for the child.

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13y ago
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12y ago

NO. The custodial parent has the right to file the child on his/her taxes. If anyone else files the child it is considered fraud. If you have joint physical custody either parent can file the child.

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Q: Is it a parent right to file a child on taxes if the parent pays child support?
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If a child lives with one parent can the other parent who does not live in the same home claim that same child?

Not on taxes no. The parent the child lives with has the main right to claim the child. But if that parent can't or doesn't want to then the other parent can


Can you stop the other parent from claiming the child on taxes if they are behind in child support?

You need to take this matter to the court with jurisdiction.


Can a parent claim a child on their taxes if they have already gave up rights to the child?

You can only claim a child on your taxes if you provide at least 50% of the FINANCIAL support (through mortgage, food, clothing, education, etc.) for the child. If you provided at least 50% of the support for the child, then you can claim the child for the tax year in which you provided the support.


Do intercepted taxes go to custodial parent for back child support?

Either to the custodial parent as the obligee, or to the State as reimbursement for public assistance.


Child Support ordered child tax credit to the non custodial father who has never written called or seen her in 8 years. Can he claim her on his taxes?

Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.


Does a father paying support have a right to claim the child on their taxes if it was not previously established?

You need to check your state laws and your divorce decree very carefully. In some states the custodial working parent has a statutory right to claim the child. You should consult with an attorney.


Can a father claim a child on his taxes if he does not have custody or pay child support?

If the question of paternity is raised concerning a child support issue. The court will order a paternity test taken (usually DNA). The person disputing the child support order has the right to request the court to allow this action.


Who has the right to file child on taxes in Illinois?

If not stated in divorce or paternity documents, usually the custodial parent has the right to the tax deduction.


Can a parent paying child support file child on taxes?

Paying Child Support has nothing to do with any right to claim the child on their return. A divorce agreement or custody agreement usually deals with rights to claim a child on a tax return. If there is no such agreement deciding who get to claim the child then the IRS rules do. Usually the first right is the custodial parent (the person the child lives with). Residency is one of the requirements to claim a dependent.


Can you modify an order that the noncustodial parent gets to claim child on their taxes if he has never met child and is behind by 13 grand in child support?

The custodial parent should file for a modification of that order as soon as possible. Also, she should file a motion for contempt at the same time and get an action going for child support arrears.


Can a man claim a child on his taxes if he stops paying child support?

Not under normal circumstances. The custodial parent does not have to claim child support as taxable income and generally the custodial parent is the one who can claim the child as a dependent deduction.


Where does the money go when a noncustodial parents taxes are intercepted for child support?

Either to the custodial parent as the obligee, or to the State as reimbursement for public assistance.