Legal Question in Family Law in New Jersey

I have residential custody of my son, his father has visitation & only provides a pays about a fourth what is costs to raise our son. He doesn't provide insurance (health or dental), doesn't pay child care cost & rarely exercises his overnight visitation. The judge gave him the right - I didn't consent - to claim our son on his taxes every other year. If I claim our son on my taxes even though its not my year will I be penalized.


Asked on 1/29/10, 12:48 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Yes, of course as you would be in contempt of a court order. Not a good idea. Case law clearly says that parents can and should alternate is most situations.

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Answered on 2/03/10, 12:57 pm


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