California  |  Family Law

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12/14/04, 6:02 pm

Legal Question


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?


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