Q: When we got divorce we had agreed that each of us would claim 1 child each on taxes, she agreed because I paid 1000.00 a month in support . Now I have custody of both children, she is suppose to pay 100.00 a week in support for 2 kids. But I am accepting 50 a week because she refused to allow my sons to live with me if I would take the full amount she would be responsible for. How does taxes work ? Can I claim both kids now e ? She is only paying $50.00 a week in support for 2 kids don't think it's fair if she receive the extra 1000.00 tax credit and able to claim one child. That would mean she only really has to spend 1600 a year two support 2 kids.
A: David's Answer: If the agreement to split the deductions was just informal, then you can just send her a notice via certified mail stating henceforth (& in light of both children now residing with you) you'll be taking the deduction for both kids. If the prior agreement was incorporated into a court order/judgment, then you'll need to file a petition for modification. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. - David Bliven, Westchester Family 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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