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Law Offices of Virginia C. Cornwell

(614) 225-9316
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Can My Ex Claim Our Child on Taxes?

April 15, 2014

DUBLIN FAMILY LAWYER

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In one version or another, we hear this question often. Other forms of this question, which ultimately mean the same thing are:

 

  • Can I claim the tax exemption for my kids?
  • I pay child support, so can I claim my kids as dependents on my tax return?
  • Is the Mother of my children allowed to claim my kids on taxes if I pay her child support?
  • Do I have to be paying child support through the county in order to claim my kids for taxes?
  • I am on the birth certificate for my daughter (or son), so can I claim them as dependents on taxes?
  • Who does the IRS allow to claim the child as a dependent on tax returns (or tax forms)?

The answers to this question (FOR OHIO PARENTS ONLY) can be complicated, but I will try to make it as simple as possible.

CALL NOW  at (614) 225-9316

FIRST: Were the parents of the child ever married?  For Ohio never married parents, unless a father has gone to COURT to get his parental rights the mother has the right to claim the child as a dependent.  Period.  End of Story.  It is important to note that COURT means COURT.  These things are NOT ENOUGH to allow a never married father to claim the child as a tax dependent:

Dublin Family Law Attorney

  • Living with the mother
  • Paying the mother’s bills
  • Paying the baby’s bills
  • Paying child support by helping the mom out financially
  • Paying child support through the child support enforcement agency
  • Having your name listed on the birth certificate
  • Having paternity established
  • Exercising parenting time by agreement, but not by court order
  • Having court ordered parenting time (visitation or shared parenting), but not having a court order that allows you to claim the child as a dependent

CALL NOW  at (614) 225-9316

The question is, what IS enough for a never married father to be able to claim his child as a dependent on his taxes?

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  • The father has custody of the child; OR
  • The father has a court order requiring the mother to sign forms giving him the right to claim the child as a dependent on taxes.

What about parents who are divorced?  Who has the right to claim the child on taxes then?  Generally, in Ohio, the issue of the tax exemption is dealt with in the decree of divorce.  Unfortunately, sometimes, due to mistake, the issue is left out of the decree of divorce or dissolution.  In those circumstances, the person who is allowed to claim the child as a tax dependent is governed by the Internal Revenue Code.

CALL NOW  at (614) 225-9316

Forms!

The form to release a child as a dependent is IRS Form 8832.  A copy of the most recent version of this form, as of April 15, 2014, can be found by clicking the link below:

http://www.irs.gov/pub/irs-pdf/f8332.pdf

If you have family law questions, about taxes or other family law matters, please feel free to call our office to schedule a consultation.

CALL NOW  at (614) 225-9316

Virginia Cornwell is an Ohio Family Lawyer and one of approximately 100 Ohio  State Bar Association Certified Family Relations Specialists.  

DISCLAIMER – Read it, it’s important!

Comments

  1. B says

    February 4, 2022 at 10:55 am

    well my ex said verbally i could claim my daughter i have it on a text message and i saved it

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1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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(614) 225-9316

Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

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  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535