Legal Question in Family Law in California
Tax Deduction
My fiance has a two year old with his ex wife. She has since remarried and is a stay at home mom. This last year she filed jointly with her new husband allowing him to get the tax credit for my fiance's son. What papers would we need to file in order for my fiance to be able to claim his son every year on his taxes since he's ex does not work.
1 Answer from Attorneys
Re: Tax Deduction
He would need to file a motion to modify the child support and the judge will award the deduction and calculate support based upon the deduction being awarded. Having the deduction will increase his take home pay and increase his child support. You should have an attorney calculate the guideline support for you otherwise you may have the misfortune to have an increase in child support. Good Luck, Pat McCrary
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