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?


Asked on 12/18/06, 12:34 pm

2 Answers from Attorneys

Stephen Worrall The Manely Firm, P.C.

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.

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Answered on 12/18/06, 3:35 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Filing Tax Returns/Claiming a Child

No.

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Answered on 12/18/06, 8:00 pm


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