Legal Question in Family Law in Michigan
child
my exhusband wants to claim our daughter every year. I asked him to be fair to both of us, if we could alternate years......hes not in agreement and wants to claim her? what are my options? do we, if we dont agree have to let judge decide who claims our child???
3 Answers from Attorneys
Re: child
I take it there is no provision in your divorce judgment regarding who may claim the child each year? This should have been included. If not, and you cannot resolve between the two of you without having to go to court, yes, a judge will have to decide the issue, and will likely order that you alternate years, depending on your financial circumstances, income, and how much support each of you provides to the child.
Re: child
Your judgment of divorce and the Internal Revenue Code will dictate the income tax exemption if the two of you cannot agree.
For more information, go to:
www.MidMichiganDivorce.com
Re: child
If the tax exemptions are not addressed in your judgment of divorce then the irs code applies. The parent with custody has the right to claim the child. There are forms to fill out in order to allow the other parent to claim the exemption.
Please contact me to review your judgmetn of divorce.
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