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The Law Offices of James A. Adams, P.C., L.L.O.
Phone: 800-561-9043

Can I claim my kids on my income taxes?

The big part of fathers' rights entails a dad's being able to have a say in his children's lives and build up a relationship with them.

However, fathers' rights also include the right of a dad to share in some of the financial benefits of having children, and this includes claiming them on his income tax return. A father should not feel greedy for considering this, especially since the extra money in tax savings can help a loving and responsible dad better provide for his kids.

For dads who have custody most of the time, claiming the most common tax exemptions for his dependent children is fairly easy. He just needs to fill out his tax forms correctly. This is because the IRS assumes that a parent who cares for the children most of the time is the parent entitled to the exemptions, and this is so without regard to any formulaic wording in a court order.

For dads who do not have their children most of the time, claiming the exemption is still possible. However, the children's mother is going to have to sign a special form renouncing her claim to an exemption for a given tax year and will also have to provide that form to the dad so he can submit it with his tax return.

While the IRS generally will not referee disputes about whether a mom should sign this form, the Nebraska courts in Douglas County and the greater Omaha area can as part of their orders require a mom to sign over some or all of the exemptions to which she would otherwise be entitled. In many cases, it is only fair that the judge do so.

Doing so, however, is largely a decision the judge will have to make in light of all the facts and circumstances. A father may need therefore help of an attorney to make sure his arguments are presented clearly and in a fashion that is understandable to a court.

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