Legal Question in Family Law in Georgia
Filing Tax Returns/Claiming a Child
My ex-husband is pressuring me to allow him to Claim our minor Child. Our Divorce Decree states that I'm the Primary Caretaker. The child resides with me. I am the breadwinner for the Child. We have joint custody. But it does not state any tax specifications. Does he have any leg to stand on?
2 Answers from Attorneys
Re: Filing Tax Returns/Claiming a Child
Unless you agree in writing (in the divorce agreement or in a separate tax form to be attached to his tax return), since you have primary custody, you automatically get the deduction and exemptions for the child. The courts in Georgia do not have power to award the exemptions in a divorce unless the parties agree. He has no case under the facts you have described.
Re: Filing Tax Returns/Claiming a Child
No.