Legal Question in Family Law in New York

filing tax returns

I was never legally married. After the breakup it was mutually agreed that my son would stay with my mother in Massachusetts where he goes to school. It's been almost 2 years. The mother occasionally goes to see him. This year when I went to file my taxes I found out she claimed him as a dependant and childcare expenses. What can I legally do to stop this and any other things that I can do to avoid these type of matters ?


Asked on 4/12/04, 11:35 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: filing tax returns

Real life is stranger than fiction.

You cannot stop her from claiming your son as a deduction. But she may have a problem in the event of an audit.

Only one person may claim a child as a dependant at a time. Your mother is best placed to take the deduction at this time. If the mother takes the child as a dependant, your mother may also do so. In the event of an audit, your mother will win.

My advice is: have you or your mother take the deduction and watch your ex take the penalties from the IRS.

Are you aware you ex may be liable for child support?

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Answered on 4/13/04, 9:51 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: filing tax returns

YOU must File for "sole" (or primary residence) custody in Mass. Family or Domestic Relations Court; and seek ancillary relief re support, visitation, taxes, etc., and have it all committed to writing.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/13/04, 1:06 pm


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