I have a court hearing for a petition for modification for tax exemption. My daughterís mother is taking back to court because she want to file taxes every yr for our daughter. We just had a court hearing this yr and the judge granted me permission to file every other yr once Iím paying my support. I swear she tries to take me to court every month, my God. She is claiming since she has our daughter most of the time she should be able to file taxes for her all the time. I would gladly like to have my daughter more but she does not want me to have more than the every other weekend from Friday @ 6pm to Monday @ 8am, totaling a mare 6 days. Still thankful that I can see my child though.
I was also sent a letter that I can file a written objection. Can someone tell me my options in this matter please. I also may not be able to make the court date because I am currently seeking jobs overseas.
1 Answer from Attorneys
Most of the time the court will have the parties alternate the IRS exemption each year. With that said if you are paying regular support then under the law you should be able to claim the child.