Legal Question in Family Law in New York

Can a judge order in a divorce decree that a noncustodial parent have the right to claim one of two children for a tax dependent? I always thought that whomever the custodial parent was the one allowed to claim the children. The custody of the children was not a part of the divorce proceedings.


Asked on 3/09/11, 9:35 am

1 Answer from Attorneys
Howard Knispel Howard E. Knispel, P.C.

A judge can order which parent has the right to the exemptions as part of a divorce judgment.

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Answered on 3/10/11, 8:08 am


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