Legal Question in Tax Law in Massachusetts
child exemption
i have been devorced since 1999, we have a daughter together, she has physical custody of her but i have her 3 days out of the week and more in the summer. in our devorce decree it states that i am able to claim her every other year, but she always files before i get a chance. what should i do?
1 Answer from Attorneys
Re: child exemption
You file for the deduction in the years you are entitled to take the deduction and inform her by mail that you are taking the deduction. If she has wrongfully taken your daughter as a credit under the separation agreement, you can seek her agreement for you to make up the years she took the deduction improperly or seek a court order modifying the separation agreement to allow you to take so many years in arrow until you have recovered the years for deduction you were deprived.