Q: Child was sent to Mexico from April '08 - August '11. I went with the mother to tax preparer and when he asked where the child lived each year she claimed it was NY, but at the time he was in MX on "vacation". I know for a fact that the child lived in MX for continuous period of 3+ years so would his mom legally be entitled to claim him on taxes for the time period he did not live with her in NY? Mom is undocumented immigrant and father is not at all involved in child's life.
A: No - if the child was not residing in the U.S., the parent cannot claim a tax deduction for the child with the IRS. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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