Legal Question in Family Law in New Jersey

Son's father wants to claim him on tax return

My son's father wants to claim him on his income tax return. We were never married. I am the full custodial parent who pays over half to support him along with my husband. How would this play out in court? He pays $114.00 weekly and has visitation every other weekend.


Asked on 2/02/02, 5:27 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Son's father wants to claim him on tax return

Absent agreement, the IRS says that the parent who has the child in his/her home for the majority of the time has the right to claim the exemption. And, the other parent could not claim the child without a signed document from the parent who has the majority of the time. It's hard to say how this would "play out" in Court without a lot more detail. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob

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Answered on 2/04/02, 12:35 pm


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