Legal Question in Family Law in Texas

If in a divorce decree, most of the time, the custodial parent is listed as head of household. Which is the case in my decree. ALTHOUGH, I have the children MORE of the time, I have been told by many attorneys.

If non-custodial parent actually has the kids more of the time, would modifying a divorce decree give me a chance to claim annual tax child credits? Do I have to get a Lawyer OR just claim before she does next year, being that I actually have the children more of the time.

There is nothing at all specifically mentioned about taxes or child credits, etc. on our decree.


Asked on 7/31/14, 4:54 pm

1 Answer from Attorneys
TC Langford Langford Law Office

It is difficult to respond without first reviewing your decree. My understanding of IRS regs is that it is not a question of who has the kids more than 51% of the time, but who provides more than 51% of their support. If you file and claim them, without an agreement from her, and she usually claims the children; be prepared for a rejection and/or audit. If you are not successful in your claim, you will probably face penalties.

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Answered on 8/01/14, 3:37 am


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