Legal Question in Family Law in Nevada

Federal Tax Deduction

My ex husband petitioned NV court for custody in 2002 and won. Our divorce papers say that I am the one with the legal right to claim all the children on my federal and state taxes. Now in 2006 my ex husband has stopped allowing me time with the children because I claimed them on my taxes. When custody changed there was no mention in the order that he would now be claiming the children on his taxes. My ex husband says the order ''automatically'' changed when he got custody. What is the right answer to this?


Asked on 3/31/06, 2:01 am

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Federal Tax Deduction

I have to agree with your ex-husband. Under federal law, which preempts state law, the person with primary physical custody is entitled to the exemption, unless he signs an IRS from giving it to the other parent. However, your husband cannot use the kids as leverage to get you to stop claiming the exemption.

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Answered on 3/31/06, 11:22 am


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