Legal Question in Family Law in Texas
What info. would I need to claim my son on my income tax?
I did not marry my son's mother? We had a verbal agreement that the mother is going to claim my son on a w2 form. I kept my son for more than the mother and have all my receipts to prove it? In the order it says that we will have equal time with my son and give equal monies in supporting my son but, as I said he is with me most of the time. Nowhere does it say I am allowed to claim him....nowhere does it say that she is allowed to claim him. Am I legally allowed to claim my son on my w2?
1 Answer from Attorneys
Re: What info. would I need to claim my son on my income tax?
Generally speaking, if the order is silent as to the deduction, then the party that provides over 51% of the support gets the deduction. Know, however, that if both of you claim him, it will probably invoke an audit of both of you. A cleaner method would be to talk with her, and negotiate a Multiple Support Declaration. You can also file a petition with the court asking for a ruling on the issue. Your verbal agreement would still be a factor.
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