Legal Question in Family Law in California
Divorce in 2003 - two boys now ages 17 and 14 - I am custodial parent - they spend one weekend per month and alternate holidays with him. Court dictated that for taxes I claim the older child and he claims the younger child but there is no mention of an end date. He remarried a few years ago and they have a child now. I have asked him to release the younger child to me since he has a child with his new wife and the court arrangement is actually causing me to owe taxes but he refuses. Oldest son is now 17 which means I no longer qualify for the other tax benefits and it looks like I might owe $1500 this year which is a huge change and something I cannot afford. With oldest son also going off to college this will just get worse and then he still claims youngest child and I claim nobody. Shouldn't the youngest child have reverted to me this year? How do I make that happen? He only pays $1340 a month in child support - I should be able to claim my own children.
2 Answers from Attorneys
I would go into court claiming a change of circumstance, since your tax liability is calculated into guideline support, and it appears to have been changed significantly.
The only way you can change it, is if your ex will agree, or if you go into court and get the order changed. There are no other options.
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