Legal Question in Family Law in Louisiana

dependent on taxes

I have a 5 year old daughter, me and her father have joint custody of her and are court ordered that we each claim her every other year(i claim her on odd he claims her on even years). I am not working but my husband does. Her father says he is going to take me to court to have it ordered that he claim her every year since i dont have a job. Can he do that since my husband works and files taxes? I dont understand why we would not be able to claim her as a dependent everyother year when she lives with us and my husband works to help support her. please help


Asked on 11/08/08, 3:08 pm

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: dependent on taxes

He certainly can file for this change. This does not mean he will win. You and your husband need to consult with a lawyer so you can begin gathering the necessary information and prepare for any upcoming litigation.

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Answered on 11/09/08, 9:15 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: dependent on taxes

I agree with Mr. Casenave that he can file. However, since she lives with you and your husband, you file as a married couple and I predict he cannot win such a change. Joint custody does not mean 50-50 because if it did, then neither of you would pay support.

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Answered on 11/09/08, 10:56 am


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