Legal Question in Family Law in California
I have four kids and my ex-wife and I each claim two per year for tax purposes alternating two each year. My oldest is in college and I do not financially support her except provide medical insurance. This year is my year to claim her but my ex-wife claimed her as a third child because she gives her money for college and tells me that I do not have the right to claim her. Do I lose my right to claim my daughter if I do not financially support her?
1 Answer from Attorneys
It would seem that the daughter in college would be outside any child support orders, assuming she is no longer a minor. If you are not supporting her, you would not be entitled to claim her. I think you need to look at what guideline support for the children are still minors, and try to negotiate the deductions after looking at those numbers. Guideline support takes all deductions into account, including the one she is claiming for your oldest daughter. For more information, visit http://www.ellifritzlaw.com
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