Legal Question in Family Law in Maine

Re: claiming child

Unless the underlying Order specifically states that he may claim the child; he probably has no right to do so at all. As a general rule, the right to claim a child for federal and state tax purposes typically follows the child's primary residence. In a similar vein, many divorce judgments and parental rights & responsibilities judgments provide that the non-custodial parent may claim a minor child only if they are current in their child support obligation.

The underlyinh order should give you your answer. The burden would be on your ex to file a motion to modify with the court and he would have to have a good reason why that aspect should be modified. I'm guessing that he will have a hard time doing so.

If you would like to discuss the matter in more detail, please do not hesitate to contact me.