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ibarboza4
New Member

If I didn’t work all year is my son allowed to claim my daughter on his taxes or Does her father have a right since he pays child support n has court order he claim her.

I did not work all year but my 20 year old did can he claim my 7 year old although her father pays child support and has a court order saying he’s allowed to claim her? 

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1 Reply
DanielV01
Expert Alumni

If I didn’t work all year is my son allowed to claim my daughter on his taxes or Does her father have a right since he pays child support n has court order he claim her.

It depends.  Also, please note that the following is tax advice and is not legal advice.  The IRS gives no weight to court orders, divorce decrees, or paid child support in determining who has the tax right to claim the child.  From a tax standpoint, your 20-year old is allowed to claim your 7-year old if:

  1. Your 20-year old lived with the 7-year old for at least half of the year
  2. The father of your 7-year old did not live with your daughter at least half of the year
  3. Your son had more income than you did.

Based on what you are stating in your question, your son may well have the tax right to claim your daughter for all tax benefits.  If he were to do so, your ex would not be able to claim a single benefit on his daughter from a tax standpoint.  He can only claim certain benefits when a Form 8332 is filed and you (the mother) and only you claim other benefits.  

Because of this, and possible legal implications, you should consult with your attorney before having your son claim your daughter, even though from a tax standpoint he is entitled to do so.

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