Legal Question in Family Law in California

With season quickly approaching who has the right to claim the child on their taxes when both parents have 50/50 custody. One parent has custody of the child for 1% more than the other only because he has her for a couple hours more then other but both parents pay half over everything education, doctor bills, food, clothes etc., it is not stated on the court order.


Asked on 1/26/12, 1:21 pm

3 Answers from Attorneys

The one who has the child the extra 1%.

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Answered on 1/26/12, 1:25 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

IRS code allows the greater timeshare parent to take the deduction. The California support guideline program will not do a 50/50 factor. There will always be a parent with 51% and the other parent with 49% for calculating support in the program.

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Answered on 1/26/12, 7:33 pm


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