Legal Question in Family Law in California
Dependency exemption for non custodial parent
If the non custodial parent's right to claim the children on their taxes is conditional on them paying a specific amount of child support and they do so for only one month.
The custodial parent meets all of the other irs specifications. Can the custodial parent then claim the children immediately or do you have to go back to court and have the judge make a ruling?
1 Answer from Attorneys
Re: Dependency exemption for non custodial parent
Most likely, the custodial parent can go ahead and claim the exemption without going back to court. I can't give a definite answer without seeing the judgment. What I would probably do is write the non-custodial parent a letter indicating that you planned to take the exemption unless they had any valid objection. If he/she doesn't respond, then you would be fairly safe in taking the exemption. If he/she responds with a bogus reason, then you'd have a good reason to ask for attorney fees if you have to file a motion to get permission to take the exemption.
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