Legal Question in Family Law in Florida
Claiming a child
I recently divorced from my husband of 20 years. In the divorce decree, I agreed to alternate claiming our daughter for tax purposes. Since the divorce, he has not been around for my daughter and has only seen her for a total of 9 hours for the year of '08, however, he does pay child support but the amount of what him and I agreed to, not the state. It also stated that he was liable to pay for our life ins and i was to pay him $20.00 towards this insurance. I did pay him faithfully each month only to find out he pocketed the money and never paid for the ins. Since all of this happend, and he defaulted first in the divorce decree, do I have the right to claim my daughter since he doesn't see her or call her. Take note, he's only 5 minutes away from her and only seen her for 9 hours total in '08.
1 Answer from Attorneys
Re: Claiming a child
Just because he's breaking your agreement doesn't mean that you can. You might want to consider filing contempt against him and asking the judge that, as a remedy, you be allowed to take the deduction.
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