Legal Question in Family Law in Michigan

Can he do that?

My ex and I divorced 5 years ago. We got joint custody of our two children, 4mos, and 3 years. They lived at my address for 2 and a half years, he paid child support,provided insurance, and we split the children for our taxes. Two years ago the children went to live with their father and step mother since I was working all the time and starting school for my ABA - it was best for them since they would have been in day care in an access of 65 hours a week if living with me. Their father waived rights to any child support from me, and he would provide their insurance and I had to pay 50% of any additional medical expenses.I get the kids every other weekend, 3 weeks during the summer, and every other holiday. I still have joint custody but with their primary resident being his home. Now he wants to take me to court so I will relinquish my rights to claim the youngest child on my taxes. Since I am not paying child support - that he waived- but I still pay 1/2 for school pictures, school clothes, medical expenses when they show me a copy of the bill, and other things they come to me for when they need it, should I relinquish this right - or should I let him take me to court?


Asked on 10/19/05, 2:11 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Can he do that?

Under the tax code you can not claim your child as you do not meet the tests as stated in the tax code. You might want to concede this to your ex, but frame it in such a way that you receive something in return. Good luck.

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Answered on 10/19/05, 6:32 pm


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