Legal Question in Tax Law in California

I am divorced. My ex husband and I have joint custody of our daughter,however, she lives with me over 60 percent of the time. We did not specify anything regarding taxes on our divorce papers. I was informed that I am intitled to claim her on my taxes,however, he insits on claiming her. Who may legally claim our child?


Asked on 1/04/10, 10:24 pm

1 Answer from Attorneys
Mark Muntean Mark Muntean, Attorney at Law

The test for claiming a child as a dependent in a shared custody situation is more complicated than the facts you provided. Keep in mind you must be able to substantiate your support (and you ex-husband will need to substantiate what support he give). Notwithstanding what you ex-husband does, you need to make sure what you do is right. Then whatever he does is his problem.

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Answered on 1/18/10, 9:23 am


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