Legal Question in Family Law in Ohio

tax exemption

divorced in ohio 1994: shared parenting custody: i'm custodial parent: we agreed non-custodial parent has right to claim child for taxes: but in arreares: magistrate is saying right should be to whomever needs the exemption for taxes: have found no online case study/precedent: state code only says ''judge may consider..'' but gives no allowance for arreares. where/what may help me to get the right to claim child for taxes? and i remarried, sometimes we file joint/ single. do you claim his income to establish who needs the deduction?

thank you


Asked on 6/14/02, 7:45 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: tax exemption

Under IRS regs., the exemption belongs to whoever provides more than 50% of the total support to the child for the year. If the decree is silent, then that is what controls. Is there a provision in the decree that prohibits the party in arrears from claiming the exemption? It seems inequitable to allow that, in the absence of the agreement of the parties.

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Answered on 6/17/02, 2:32 am


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