Child Tax credit & ex- spouse

I am the custodial parent and my ex-spouse has visitation with our 2 children for less than 100 nights a year. Ex-spouse agrees to this and hasn’t asked for more visitation. If we go to court on the issue of child support, can the judge order me to allow my ex-spouse to claim one of our children for the child tax credit on his tax return? Wouldn’t this go against federal tax law?

A judge is not likely to order who claims the child as a dependent or who claims the child tax credit in a court order based upon a trial. You can agree to alternate (which is different than IRS rules and regulations) in a consent order, and a judge would sign off on it.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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