Legal Question in Family Law in California

Tax Deduction

I am beginning to settle my divorce and my ex wants to be able to claim our son every other year on his taxes. My husband maybe has our son in his care 10% of the time (my math is probably wrong),based on 8 days a month/12 months per year. I don't see this as being correct and my understanding of the tax law is that the person who gets to claim the child is the parent who has the child in their care 50% or more during that fiscal year. He doesn't feel that is the case. Legally, who is correct?


Asked on 12/14/04, 6:02 pm

1 Answer from Attorneys
Doris Mei Divorce Services Group

Re: Tax Deduction

Unless agreed to by both parties or included in the judgment, the deduction would usually go to you. But keep in mind that things balance out if there is child support involved. If your husband gets the deduction, then his child support to you would usually be more. If you get the deduction, then child support would be less.

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Answered on 12/14/04, 7:42 pm


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