Legal Question in Family Law in Massachusetts

Claiming Taxes

In the typical scenario, who gets to claim the children on the taxes? We have three children. My ex makes three times more money than I do. I (the custodial parent) provide more than 50%. However; my ex was given the ability to claim to children, while I claim one. Is that how that usually works out? It does not seem right.


Asked on 12/07/06, 2:34 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Claiming Taxes

In your typical scenario, the ex would have been entitled to claim all of the children.

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Answered on 12/07/06, 2:40 pm
Jerome Aaron Law office of Jerome L. Aaron

Re: Claiming Taxes

There really is no "typical scenario" as far as I am concerned. It used to be that whoever provided more than 50% of the support got the exemptions, but the IRS got flooded with conflicting stories, so they got rid of that.

Now, it starts off that the person with physical custody of the children gets the exemptions, subject to its reassignment by the court or by agreement. Remember that when your husband makes more than you, he is in a higher tax bracket and needs the exemptions to offset the fact that he is paying you tax-free child support. You are getting all that money without paying any taxes on it.

They way I do it, as the non custodial parent pays more and more, I shift more and more exemptions to that person, because he/she is paying out money and also paying taxes on the money he/she doesn't have. You do get to the point, however, in the six figures, where a person can't use the exemption; it gets phased out.

I don't see what doesn't seem right about your situation.

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Answered on 12/07/06, 3:41 pm


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