Legal Question in Family Law in New York

I am filing for divorce from my husband of 17 years; we have two children from the marriage (15 and 16 yrs. old) and own a home together. I am hoping the divorce will be final by January, 2012. We presently reside with our children in the home. Regarding tax filing for 2011, can we each claim a child (I will not be filing taxes with him, starting next year). Thank you. Respectfully, Candace P. B.


Asked on 10/30/11, 2:32 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Regarding tax filing for 2011, can we each claim a child (I will not be filing taxes with him, starting next year).

A. If you file separate you can each claim a child so long as it is agreed in writing. If there is no agreement in writing, the custodial parent has the right to the child tax exemption.

Mike.

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Answered on 10/31/11, 5:41 am


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