Legal Question in Family Law in California
tax exemption
My husbands ex-wife is refusing to sign the form that would allow us to claim their daughter on our taxes this year. Their divorce agreement states that he claims her in all even years and she claims her in all odd years, it also states that if either parent doesn't sign the form they are responsible for all moneys lost and all expenses and fees incurred. She says she can claim their daughter regardless because she has phsyical custody.
What can we do?
1 Answer from Attorneys
Re: tax exemption
You should consult with either his attorney at the time of the divorce, or a new attorney regarding the options available to him. The agreement to share the deduction was no doubt a factor in setting child support. Her refusal sign should have an impact on the child support obligation.
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