The matter of which party gets to claim a child on their taxes has been a hot topic this month at our firm. Though in some cases the decree may simply state which party gets to claim the child in accordance with it being an even or odd year, it can often get more complicated.
As you prepare for tax season many questions may arise, such as:
- Do I get to claim my child on my taxes if my ex is behind on child support?
- Who claims each of our children?
- What can I do if my ex wrongfully claimed our child on their taxes?
A situation like this can become increasingly frustrating if you were planning to claim the child yourself. Many parents in this predicament don’t realize the child has been claimed until they attempt to file their own taxes and their filing is returned as rejected.
Is it a Race to Be the First to File?
While it may seem this way, you shouldn’t feel you are in a race to file first. A decree will award the right to claim a child as a dependent will belong to one party or the other. If it can’t be worked out by the parties, it may have to be resolved in court.
If you feel your ex has wrongfully claimed your child on their taxes, in violation of the decree, you may need to file an Order to Show Cause, asking them to provide the court with the reasoning behind why they claimed the child. Ultimately the court will make the decision. Your ex may be required to amend their taxes or reimburse you for some of your costs. It’s important to be familiar with the language in your decree. Review it to help you understand who has the right to claim the child.
Lean on the Decree
It’s important to be familiar with the language in your decree. Review it to help you understand who has the right to claim the child.
If you feel your ex has wrongfully claimed your child on their taxes or have other questions regarding taxes or custody, contact Burton Law to discuss the situation with one of our experienced family law attorneys.
Peter is one of the top up-and-coming young lawyers in the state. Raised in Layton, Utah, Peter was named by the Standard-Examiner as among the top 2% of Utah’s high school seniors.
In addition to his current practice, Peter’s practical experience includes serving as extern corporate counsel for Shiseido, one of the world’s largest cosmetic corporations, and clerking for federal criminal appellate counsel. He has extensive experience in family law matters.
He enjoys feeling like he has made a difference helping his clients with their domestic case needs.
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