Legal Question in Family Law in Ohio

Re: tax deductions

The answer to this question depends on a number of things. Who does your son live with? Does Dad pay support despite the fact that is on disability? Does his new wife file a joint tax return naming him also even though he has no taxable income?

If dad will agree in writing that you get the deduction every year, then you will not have a problem even if the agreement or Court order says otherwise. If he will not, you may need to go to the court for a modification of the order. In any event, you need to talk directly to an attorney for a good answer to this question. If you have an attorney-give him or her a call- if not give me a call, no cost or obligation for an initial confidential call. (maybe your accountant can help but most likely he or she will suggest talking to your lawyer.

Good Luck!

DHD