Legal Question in Family Law in California
who gets to claim children as dependents on taxes?
While legally separated, we have each claimed one of our two children on federal and state income tax. Now that divorce is near complete, she's wanting to claim both children. She has primary physical custody. Is it worth the fight to try and keep the right to claim my son as a dependent? I have the children every other weekend from Friday to Monday and then every Monday.
1 Answer from Attorneys
Re: who gets to claim children as dependents on taxes?
The facts you provided are insufficient to give even a general opinion. The answer depends upon your income, and mother's income. Rather than fight with her about the deduction why not attempt to negotiate an agreement that reduces the total amount taxes that both of you pay and split the difference with each other. Claiming your son as a dependent will increase the amount of child support that you will be required to pay. The amount of the increase again depends upon your income and her income.
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