Tuesday, February 18, 2014

Add a clause about Tax Dependent Claim …Which Family Court to file with ? Visitation and Custody or Support?

Q:  My ex and I have shared custody of our daughter. Our paperwork does not state who gets to claim her on our taxes. I pay support to my ex since I am the higher earner. Per the IRS, when a child resides with both parents equally, the parent with the higher income is able to claim the child. My ex just informed me that he claimed our child even though I am the higher earner. Should I notify the IRS when I file? Which family court section do I petition a modification with so this doesn't happen again? Any help is greatly appreciated.

A:  David's Answer:  I would not advise to fight this claim with the IRS. Instead, I'd advise to get a modified order which reflects that each of you will alternate the deduction on odd-even years. Speak further with a Westchester Family Law lawyer.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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