Legal Question in Family Law in California
My ex-husband filed taxes in 2010 and claimed our 3 children as dependants. When I found out about and confronted him he agreed I could claim the children in 2011. When I went to file my taxes this year I learned he had claimed them again. Do I have any chance of recourse in this matter? I know we need to get a court order indicating when and how claims the children but if anything can I do in response to what he has done?
2 Answer from Attorneys
IRS regulations provide that the parent that has 51% or more timeshare with a child has the right under the IRS code to claim that child as a deduction. Please review your timeshare. If you qualify for the deduction, notify your ex that you will declare your right to claim the children and ,for his sake ,he should amend his return so he will not get into trouble with IRS.
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