Legal Question in Family Law in California
who claims children on their taxes
I am divorced for 2 years. I have the children 70 % of the time and collect $600 each in child support each month. I gave my x husband 1 of the children to claim on his taxes last year, now he wants both and sais he will take it to court if I don't agree. Is this possible that he could claim both children? I thought I was being nice by giving him one. Does he have the right to one? He doesn't pay any medical bills-copayments, glasses, meds etc. Not even the insurance.
1 Answer from Attorneys
Re: who claims children on their taxes
Yes he can take you to court. However, he will probably not prevail in his request for both children as his dependents for income tax purposes. Further giving him the deduction will increase his child support, as the amount of taxes he pays will decrease. Also when you allowed him to claim a child he should have paid more child support, and paid any extra income tax you had to pay as a result of his claiming one child as a dependent. Consult an attorney if he harrasses you about this again.
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