Legal Question in Family Law in California
Intercepting tax returns
To whom it may concern:
The father of my child has his son approximately 50-60 days a year. He has provided support and health insurance(ordered by the court) for 9 months. Both has since stopped; he claims he cannot find a job. He is now telling me that he is going to claim our child as a dependent on his taxes. We do not have joint physical custody. The court has established that I have him 70% and he has him 30%. I told him that he cannot claim him since he does not provide even half of the expenses of the child. My mom has already claimed me and my son on her taxes. Am I right? Does he have the right to claim him or my mom?
1 Answer from Attorneys
Re: Intercepting tax returns
I agree with you: he does not meet the requirements for claiming a dependent.
However, it seems to be his problem. Your mother should be able to prove whether she
properly claimed your child as a dependent. Whether the father claims the child does not affect
your mother's right to claim, unless there was an agreement (which you do not mention).
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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