Legal Question in Family Law in California

When I do my taxes, can I claim one or both of my two boys every year if I only have them 35% of the time?


Asked on 3/27/12, 3:52 pm

1 Answer from Attorneys

You cannot. Only the custodian parent gets to claim them as dependents. You can get a consent from the custodian parent to waive it so that you can claim. You must do it each year. The custodian parent must sign a form 8332 to release the claims. You can also petition the court to allocate the claims to you in certain years. However, by claiming the dependency, you are underpaying the child support, if any, for that year. It must be adjusted as well.

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Answered on 3/27/12, 4:20 pm


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