Legal Question in Family Law in California

my step son has been living with my husband and i for about 9months out of last year and been on our medical insurance for the past two years.Now his ex wife said she is claiming on on her tax return and she filed in 2009? can i report her? and is my husband entitled to claim his son?


Asked on 2/23/10, 9:56 pm

1 Answer from Attorneys
C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

Unless your husband and his ex have reached a different agreement as part of a Marital Settlement Agreement, the Custodial Parent is entitled to claim the children as a deduction on taxes. This is how the IRS defines a Custodial Parent, "The custodial parent is generally the parent with whom the child lived for the greater number of nights during the year."

If the person who the IRS defines as the noncustodial parents wants to take the children as a tax deduction, he or she must file an IRS Form 8332 (http://www.irs.gov/pub/irs-pdf/f8332.pdf) with his or her tax return. Since step son lived with you and your husband most of the year, you are entitled to the deduction.

You can report her to the IRS.

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Answered on 3/04/10, 6:07 pm


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