Legal Question in Family Law in Florida

custody and taxes

My daughter and her boyfriend (grandbaby's parents) were just ordered in court to start paying me some child support in August (I have custody of my grandchild). My daughter screamed at me today, that now I am not allowed to claim my grandbaby on my taxes because of this child support. Is this true? If so, then I just will not be able to claim her anymore, I just don't know the truth, and my daughter is so MAD about this, who knows if she is telling me the truth of not???


Asked on 6/16/09, 6:01 pm

1 Answer from Attorneys

Mark Hanks Attorney Hanks, P.A.

Re: custody and taxes

Check with an accountant, but I believe that the person with whom the child lives for more than half the year, gets the dependency exemption, unless a court ordered otherwise. The receipt of child support would have no bearing. And even if the exemption is designated to the father in the judgment of custody or support, the child care tax credit remains with whomever the child lives a majority of the time.

Mark Hanks

Attorney Hanks, PA

St. Petersburg, FL

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Answered on 6/16/09, 10:54 pm


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