Legal Question in Tax Law in New Jersey

Taxes

I am divorced ,been unemployed for the past three years. My father has been claiming my son for the past years.My main question is my ex-husband wants to claim our son.His arguement is if I am not working work why he cannot claim him .He does provide me with child support of 4k per year

but I provide him residency and main support which is provided to me boyfriend whom I have been living with for the past years.If my ex-husband decides to take me to court

is there a chance.Where he may be allowed to cliam my son.

I do plan on going back to within the next couple of months


Asked on 12/03/04, 8:52 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Taxes

Trying to keep it simple, the person providing more than 1/2 of support is entitled to claim the child. Your situation is compounded by the fact that your father has been claiming the child (you do not say what, if anything, he has been contributing to allow this) and that residence is provided by your boyfriend, not you personally. It may be that, on balance, the 4K you receive in support is more than 1/2 of the total support for the child, when compared to what you actually pay. This may change when you go back to work and start paying bills directly, but it is an issue that may need to be addressed.

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Answered on 12/06/04, 12:22 pm


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