Legal Question in Family Law in California

Re: Tax & Family Law

Whom ever has custody of the children for more than 6 months of the year gets to claim them on their taxes, unless you agree otherwise.

Re: Tax & Family Law

This is normally spelled out in the divorce judgment or settlement. However, it sounds like that was not part of the order. Therefore, this is something you should try to work out yourselves. You could look at who would benefit most this, or you could decide to alternate years.

Here is a link that has an article that may benefit you -- http://www.law-thomas.com/FL-cs4.php

If both of you are unable to come to an agreement, this may be something that you bring up before the judge when the modification is heard.

I hope this was helpful.

-K. Thomas

Re: Tax & Family Law

This is usually negotiated as part of the divorce settlement. The tax law states that only one can take the deduction. In the absence of an agreement, the person providing more than half of the minor's support.