Legal Question in Family Law in Florida
my x and i have shared parental responsibility of our daughter, but she is the primary residential parent. I have my daughter every other weekend from Friday after school to Monday morning, every other wednesday overnight, half of winter break, half of spring break and 3 nine day periods during the summer. i have never missed a payment of child support since our divorce in 2003 and also pay for half of our daughters orthodontic expenses. she has petitioned for sole custody, and modification of our parenting plan and timesharing. she doesnt really have any basis for this change, so i dont think she will "win" this, for lack of a better word. however, i heard that many divorcing parents recently have been able to alternate claiming their children for the tax exemption. I have never claimed our daughter on my taxes, but am now interested in being able to alternate years claiming her as a dependent, am i able to do that?
1 Answer from Attorneys
YOu would have to get the court to agree. However, you get a deduction for paying the child support so if you increase your income by receiving the tax credit then the child support will increase to offset the increase in your available funds to the support of your child.
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