Legal Question in Family Law in Maryland

Claim a child on taxes

My exhusband can claim 1 of the girls on his income taxes as long as he is compliant with the court order of visitation and child support. He is not compliant and is also now being investigated for molesting the oldest girl. I want to claim both on my taxes I have full legal and sole physical custody. How can I stop him from claiming 1 of the girls this year? Can he take me to court for not letting him claim 1? Thanks.

Asked on 1/02/09, 6:44 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Claim a child on taxes

In order for a noncustodial parent to claim an exemption for a child on your federal return, the IRS requires both parents to sign a consent form (available on the IRS website). If you refuse to sign the form, he can't legally claim them. He could take you to court, but you would have a good defense. I suggest you inform him in writing that you will not consent to his exemption claim until he brings his child support obligation current.

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Answered on 1/05/09, 3:59 pm

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