Legal Question in Family Law in Texas

I was awarded 180 days a year with my 7 year old son in Oct. 2008. My ex GIRLFRIEND was also awarded 180 days a year. We are ordered to each pay 50/50 of medical, school, dental, etc..I did not take a DNA test but, I know he is my son. I don't owe any back child support of any kind. On my "Final Order in Modification in Suit Affecting the Parent-Child Relationship"...it does not mention who is legally allowed to claim my son on the Income Tax forms. I heard......who ever has the highest "Adjusted Gross Income," is considered to be the Custodial Parent and therefore, can legally claim their child? Is this true?


Asked on 2/12/10, 1:10 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Texas courts do not have jurisdiction over federal issues. The IRS is a federal issue. The parent with primary custody can claim the child on their tax return.

I've never heard "highest adjusted gross income". Did a CPA tell you this? If not, then I would want to talk to a CPA before "assuming" this "fact".

If you both claim the kid, then you will both be audited.

I would be willing to review your decree for $1 per minute. Email me at [email protected] if you want an appointment.

Good luck!

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Answered on 2/18/10, 12:15 am


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