Legal Question in Family Law in Texas

I have 2 sons I have never filed for on income tax, I pay child support and have been current on my payments since they are automatically taken from my checks. For the past 5 years I pick them up and take them back, the drive is 120 miles away, and have to purchase clothing as they will not provide. Do i have the right to claim them on odd or even years, or at all? I appreciate your help!!!


Asked on 1/25/12, 2:37 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You should talk to a tax person (not a lawyer) to get the bottom line on this, BUT:

Generally, the person named in the decree (custody order) as the "custodial parent" (the parent who has the right to determine the child's residence) has the exclusive right to claim the child for the income tax deduction, unless the decree specifically provides otherwise.

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Answered on 1/26/12, 8:25 am


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