Legal Question in Tax Law in California

child deductions in a divorce

I've been divorced for 2 years. I let my x-husband claim 1 of our 2 children on his taxes last year. This year he wants them both. He pays child support. The boys live with me and I have them 70% and he has them 30%. He said he is going to take it to court. Does he have a leg to stand on?


Asked on 12/15/05, 4:31 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: child deductions in a divorce

First of all, it is not just the deduction that is of importance here. Unless you have a dependant you are claiming, you cannot take the Head of Household status.

I would doubt that he would be successful, but you asked this as a tax question. It should really be directed to family law attorneys. The FL courts can make an order like this, although I doubt they would.

Submit your question again under family law attorneys.

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Answered on 12/15/05, 4:41 pm


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