Legal Question in Family Law in Maryland

Do i as the father have any right on filing my children on my taxes if they dont live with me but i do pay surport.

Asked on 6/01/13, 7:13 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Yes, you "could" have a right. There are a few factors that are involved and there are methods that can resolve this matter without needing to file for a Court hearing. A hearing, however, may be needed and I am available to represent you should this be necessary. Contact me so that I may review your case. There are several details that I will need know, the threshold test for purposes of litigation, should this be necessary, is whether you provide at least half of their support.

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Answered on 6/01/13, 10:26 am

Robert Sher Wagshal and Sher

Under the tax law the custodial parent is generally entitled to claim the children as dependents unless the parents have agreed otherwise, or unless there is a court order granting the dependency claim to the noncustodial parent. IRS form 8332 is the form that you need to file for this, which you can access on If the mother will not agree to filing this form, you would have to seek a court order requiring her to do so.

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Answered on 6/01/13, 12:35 pm

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