Legal Question in Family Law in Kansas

Claiming Children on Income Taxes

How do you determine who can claim the children on their income tax? Just because the husband makes more money and/or pays child support shouldn't be the determining factor. I still provide the day to day care. Take care of them when they are ill and usually end up paying income tax because he claims them on his income tax. How can I correct this and can I do it myself or do I have to hire an attorney.

Thanks


Asked on 4/08/98, 12:01 pm

1 Answer from Attorneys

Bonnie Selby Bonnie J. Selby, Attorney at Law

Does your jurisdiction have a Court Trustee?

How long ago was your child support calculated? Has there been a 10% difference in income to either party since the initial calculation? You might contact the Court Trustee, if you have one in your jurisdiction; if not, an attorney is the simplest route for you to enable a modification of child support, which should include consideration for child care payment, medical insurance and determine who is eligible to claim the children tax deductions. If more than one child, KS encourages dividing the children for exemption purposes--if one, alternating years or the one not claiming will be given additional credit in the support calculation. Hope this helps you.

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Answered on 4/21/98, 8:36 am


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