Legal Question in Family Law in Virginia
Taxes and Custody
The original custody agreement from 1999 states that the biological mother and father will alternate claiming the kids on their taxes. A new custody agreement has been signed in 2006 not mentioning anything about who gets to claim what. The kids have lived with their father since the beginning of June 2006, the mother moved out of state Aug 2006 leaving the kids with their father 100% of the time. She claimed the kids on her '06 taxes. We have spoken to the IRS whom based on their laws authorized the father to claim the kids...does the original agreement stand or is this void now that there is a new agreement in place ?
1 Answer from Attorneys
Re: Taxes and Custody
Subsequent to the new custody agreeement executed in year 2006 by both parents, the father, as a practical(rather than legal matter), should begin claiming all credit for the dependency deductions beginning with tax year 2007, as long as all the children are with him.
Forget about 2006, would be my advice.
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