Legal Question in Family Law in Louisiana

Taxes

Hello. My husband's daughter does not live with us. When we went to court in 2003 to determine support and such, it was determined that my husband was to provide 76% of her financial burden. We were told by the attorney that once all arrearage was paid in full (the judge went back to the child's first birthday for child support) that he (my husband) would have the right to claim her on his taxes because he is providing 76% of her financial support and carrying her medical, dental, vision, and life insurance. Well, FINALLY, the arrearage is free in clear (since 2007) and the mother is putting up a fight for us not to be able to claim her as a dependant. Legally, we provide the brunt of her financial well-being. WHAT DO WE DO? Do we claim her and see what happens, or do we need the mother to sign something?


Asked on 1/15/08, 11:56 pm

4 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Taxes

Claim her on your taxes. You don't need mom's permission if the court ordered it.

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Answered on 1/16/08, 8:03 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Taxes

If the mother will not agree to allow your H to claim the child, you will have to get either the hearing officer or the Judge to allow it. Don't just take it because if the IRS gets involved you will spend more effort than had you filed and asked the the Judge to grant the deduction to him.

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Answered on 1/16/08, 8:51 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Taxes

If the mother will not agree to allow your H to claim the child, you will have to get either the hearing officer or the Judge to allow it. Don't just take it because if the IRS gets involved you will spend more effort than had you filed and asked the the Judge to grant the deduction to you.

Read more
Answered on 1/16/08, 8:52 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Taxes

If the mother will not agree to allow your H to claim the child, you will have to get either the hearing officer or the Judge to allow it. Don't just take it because if the IRS gets involved you will spend more effort than had you filed and asked the the Judge to grant the deduction to you.

Read more
Answered on 1/16/08, 8:52 am


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