Legal Question in Family Law in California
My ex and I share joint custody of our son, but he resides with me about 60% of the time or more. Do we have to alternate years claiming him while filling for taxes and deductions, or is it the parent with whom the child resides with the most often that gets to claim the child for deductions while filling?
Asked on 1/13/14, 8:44 am
1 Answer from Attorneys
That depends on what your custody order says. If it says alternate years, then you have to alternate years unless and until you get a modification of the order. If your order is silent on the issue, the parent who actually has >50% time gets the deduction.
Answered on 1/13/14, 1:04 pm
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