Claiming Child Tax Dependent

Summary

In New Jersey, the custodial parent typically has the right to claim the child as a dependent on taxes. However, if a divorce decree specifies that the noncustodial parent can claim the child, failing to comply with this agreement could result in being held in contempt of court. It is advisable to consult a family lawyer for specific guidance based on your situation.

Full Conversation

Family law issue
Hello ****, I'm sorry to hear you're facing a family law issue. Could you kindly provide me with more specific details about your situation? Also, your location can be useful in providing accurate information since laws vary by state.
Noncustodial parent wants to claim child on taxes after I filed.
Hello ****, this is a common issue. The IRS has rules regarding who can claim a child on taxes:
- The custodial parent has the primary right to claim.
- The noncustodial parent can claim only if the custodial parent allows it.
Could you please confirm your location to provide more accurate information?
New Jersey
Hello ****, in New Jersey:
- The custodial parent is generally the one who can claim the child as a dependent.
- A noncustodial parent can only claim if they meet specific IRS requirements and if the custodial parent agrees.
For further specifics, you may want to consult with a tax professional or family lawyer.
Would I be in contempt if the divorce decree says noncustodial parent can claim?
Hello ****, in New Jersey, if your divorce decree states that the noncustodial parent can claim the child on taxes and you violate this, you could potentially be held in contempt of court. However, this varies case by case. I suggest consulting a family lawyer for precise advice.