Legal Question in Family Law in Florida
divorce/tax law
My divorce states that I claim my son as dependent for a tax deduction and my ex claims my daughter until she graduates H.S.
After she graduated we were to claim my son every other year. My daughter graduated last year and my son is now 15. My divorce also states that my ex would get visitation evey third weekend (His request). He does pay child support, but has not seen our children in 3 years. He My question is, since he does not have the children in his home at all, is he allowed to claim them as a deduction? And do I have to honor the tax claim portion of our divorce since he has not had the children in his home for over 3 years? Does simply paying $385 child support month entitle him to claiming my son as a dependent?
1 Answer from Attorneys
Re: divorce/tax law
He's still entitled to claim the deduction, even though he doesn't exercise visitation. If you took him back to court, many judges would be sympathetic to your situation, and your argument may be successful.
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