Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #150:
My boyfriend and I have separated after 2 1/2 years, We have a two year old daughter and I am the custodial parent. He claims that he is claiming our daughter in his taxes this year because he pays child support, but $65.00 a week does not put a roof over my daughters head. I am the head of my household, I work and provide shelter, food, clothes etc. for my child. As much of a good father he is to his daughter, I don't believe he has a right to claim her. Does he have the right to claim our daughter in his taxes or do I as the main provider? Please answer ASAP! Thank you

Answer:


Generally, the right to claim the child as a tax dependent is addressed in the Separation Agreement between the parties.
Even if you were not married, it still is a good idea to enter into a Separation Agreement , which would spell out exactly the relationship and the obligations of each of the parties.
In many cases like yours, the parties agree to share the right to claim the child as a dependent by alternating the years, and this can be done by both of you filling out IRS tax form 8332 and indicating that one will be taking the deduction in the even years , and the other will be taking it in the odd years.
If you are living in the New York City metropolitan area , and wish to discuss entering into a written Separation Agreement, please call me at 212-370-1660.

Leonard M. Weiner, Esq./Divorce Solutions
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