Q: I need these to file a NYS Non Custodial parent income credit.
A: David's Answer: Unless there is an agreement or order to the contrary, then the custodial parent always gets the tax deduction for the child per IRS regulations. If the CP does not agree to same, you'll need to file a petition & ask for an order allowing you to claim the deduction. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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