Legal Question in Family Law in California

I need to determine if an attorney needs to file a complaint to settle this dispute. I share equal custody, 50/50 physical and legal, of our 10 year old son. The father claimed our son for a tax exemption last year, 2014. I filed, this year, claiming our son. The father did not work most of last year, 2014, because I was ordered, per check garnishment, to repay the County of Alameda, CA Welfare Services for the cash-aid paid to the father during periods of last year, 2014. I am not certain of what action is necessary to resolve this dispute. Please, help?


Asked on 1/22/15, 11:06 am

1 Answer from Attorneys
Michael Hulshof Michael Hulshof

For tax purposes the primary custodian has the right to claim the tax exemption. That being said if you are truly on a 50/50 timeshare then there is no primary. In these cases we normally, in the orders, specifically alternate years for exemption purposes. You could surely hire an attorney for simple negotiation with the opposing party. Our office number is 925-225-1025. Give our office a call for more details.

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Answered on 1/22/15, 11:23 am


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