Legal Question in Family Law in Indiana
Who has the tax right?
In 1992 my husband was divorced with support at $152 a week, the right to claim both children with the stipulation that when she was making approx. 50% of the CS she then could claim the oldest. In 1995 she went back for more money and asked for the exemption. His support went to %207 and his % being 60 and hers only at 40. There was no modification therefore on the exemptions. Since then she has claimed him and so have we. The IRS is now involved but she won't sign the form. So who has the right??
1 Answer from Attorneys
Re: Who has the tax right?
Generally speaking, the right goes to the parent who has sole custody or to the parent who the child lives with if custody is joint.
However, the parties can agree otherwise and if approved by the Court require the them to abide by the agreed to situatuion. The party that does have the right may also execute the appropriate IRS form to accomplish this.
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