Legal Question in Family Law in California

Hi I have a question I have three daughters with my ex and he gives me $400 a month for non court order child support. My children live with me and go with him every other weekend is he entitle to claim a child in his taxes by law.


Asked on 1/20/12, 8:31 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No, he can claim the money spent on child support but not the child as a dependent as you provide the majority of the support and custody.

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Answered on 1/20/12, 9:19 am
Michael Schneider Family Law Center

The law states that the parent having greater than 50% custody of the child has the right to claim the child on their taxes. The exception is if you have signed the form to release the exemption to him, or if there is a court order that gives him the right to claim one or all of the children. Good luck!

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Answered on 1/20/12, 12:25 pm

Mr. Shers is totally wrong again. Child support is NOT deductible and is not claimed on any taxes, anymore than groceries or beer money. Mr. Schneider is correct.

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Answered on 1/20/12, 3:02 pm


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