Legal Question in Family Law in Washington

I am divorced with a minor child. On the divorce papers it states that me and my ex are to switch off each year who gets to claim our daughter as an exemption on our tax return. I am the custodial parent. He has refused to have contact with her for some of 2009 and all of 2010 and stopped picking her up for all visitation. 2010 is his year to claim the exemption, yet he has had no contact with her and has provided her with less than half of her support throughout the year. Can I refuse to let him claim her as a dependent because of this? Doesn't he need to have written consent from me in order to claim her since I am the custodial parent?


Asked on 1/10/11, 1:56 am

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Follow the court orders. If this is his year to claim, it's his year. Sometimes there is a requirement that the payor be current in child support to claim the exemption. If you refuse consent when it is his year and there is no requirement that he be current on support, you could be found in contempt. IF the order requires him to be current on support in order to claim the exemption, then you take it since he is not current. If he also claims, that is his problem with the IRS; you would be in the right.

Read more
Answered on 1/15/11, 1:37 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington