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)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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