Legal Question in Family Law in Texas
Children
My exhusband and I have joint custody of our two children. They have been living with him for the past two years. Can I legally claim 1 of my children on my taxes?
1 Answer from Attorneys
Re: Children
First read your decree and determine if there was an allocation of exemptions. If not, then you have to abide by the IRS rules which provides that the person that provides 51% or greater of the support has the right to claim the exemption. You will have to prove it. If he is willing to cooperate, however, there is an IRS form called Multiple Support Declaration -- you don't get the exemption, but it allows you to deduct certain expenses related to the children. This is very general information, and if you encounter resistance from your ex, you should consult an attorney, before filing.