Legal Question in Family Law in California

In California, can you claim any portion of legal fees that were paid for custody issues? I have an ongoing custody case that started about a year ago and is still going. There is nothing else involved, no divorce, no alimony..just custody. This has proven to be very expensive and just wanted to know if any of the cost could be claimed on my taxes?

Also, I understand that since I am the non-custodial parent, I cannot claim my son on my taxes. Does this still apply even if the custodial parent has been unemployed for over 3 years now and unemployment benefits ended more than a year ago?(I am asking because the custodial parent has NO income for the entire year, would I be able to claim our son since I work?

thanks for your help!

(I am in California)


Asked on 8/28/14, 8:01 am

1 Answer from Attorneys

1. No. Personal legal fees are not deductible.

2. There are only two ways you can claim the child, either you have >50% custodial time, or the custodial parent agrees to give you the deduction. In the income situation you describe, it is usually beneficial to both sides for the custodial parent with no income to give up the deduction, because it increases the child support you owe, AND reduces your taxes by more than the child support increases, so it's a win-win.

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Answered on 8/28/14, 5:53 pm


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