Legal Question in Family Law in New Jersey

Joint Custody & W2's

If both parents have residential and joint custody of a child which parent can claim the child at the end of the year?


Asked on 1/27/04, 9:48 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Joint Custody & W2's

You are describing a scenario with which I am not familiar. One parent always has primary residential custody whenever any matter is resolved in court. If there have been no court proceedings then the exemption goes to the parent with whom the child spends more time. If the two of you are still married a joint return should be filed after an agreement is worked out in writing setting forth how any anticipated refund is to be distributed.

I sense that there is a unique situation which you should describe to me in a telephone conversation so that I may give the appropriate answer to your question.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 1/28/04, 2:38 am


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