Legal Question in Family Law in Florida

My son got a divorce 4 yrs, ago , he had 3 children , his wife asked for half his earnings, he did not have a lawyer , and his company had him working out of town on court date , so she was awarded that amount , 2 years ago she moved to florida with the children , they got married again , she still collected the support, 1yr. later she left him , moved back to al. , still married collecting child support , also claiming head of household and has not worked , can my son claim cildren on his taxes. thanks concerned father


Asked on 1/17/11, 6:14 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

It sounds like your son's rights have been violated in a number of ways, and he should probably seek the advice of a Florida lawyer on those issues. But as far as the tax issue is concerned, unless a court order says otherwise, the IRS allows the deduction to the parents who has the children the majority of the time. If your son takes the deduction, the IRS may allow it, but he wouldn't be strictly according to IRS regulations or Florida law. He should speak with a Florida lawyer before he takes the deduction.

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Answered on 1/24/11, 12:41 pm


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