Legal Question in Family Law in Texas

Joint Managing Conservators and Child Tax Deduction

I signed a Decree of Paternity back in 1996 stating that ''he'' is the father of the baby and appointing both of us as Joint Managaing Conservators. We both have exactly the same rights outlined in the decree. At the time we were co-habitating, but now we are not. At first he paid some support, but now has figured that if he gets the child 3 nights per week it equals half time. I have not filed for modification to receive child support because I fear that I will spend all that $, just to have the child file a petition stating that he wants to live with his dad when he is 12 -- one year from now. Aleination of affection is definitely an issue. I've just been trying to work it out with the Dad. However, now he is telling me that I have no right to claim the child on my taxes and that he does. The decree does not outline who has that right. How would it be determined?


Asked on 1/23/06, 4:12 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Joint Managing Conservators and Child Tax Deduction

If the decree is silent, then you must use IRS regs which basically say that the person providing 51% of the support gets the deduction. If you are providing specific deductible expenses (i.e. medical) but not claiming the deduction, you may be able to file a Multiple Support Declaration. TCL

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Answered on 1/23/06, 6:16 pm


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