Legal Question in Family Law in Florida

Re: Family Law

It's not an issue of single Mom, it is an issue of the funds available. All factors are considered by a judge. Not likely on income tax deduction.

Re: Family Law

Probably not. However, anything is possible in court and that is why it is best to always have a lawyer. If your ex-husband is supposed to be paying for child support, then he would be the parent who is also most likely be ordered to obtain health and dental insurance for your children. If he is unemployed, then the likelihood of them ordering that is slim. For your information, you can obtain very cheap health insurance through the Florida Department of Revenue- Office of Child Support Enforcement. It is called Florida Healthy Kids. You eligiblity is based upon your income. I recommend that you check it out. As far as the tax dependency exemption is concerned, if the children live with you, then no one can force you to give up claiming those tax exemptions under both Florida and federal law.

Re: Family Law

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It is unlikely but not impossible. Florida Healthy Kids is health insurance available for children at a nominal cost which you might want to consider.

As to the income tax deduction, the law provides that the deduction goes to the parent with whom the children reside unless a court orders otherwise. Has this happened? If not, your husband has no right to claim the children on his taxes. If the court gave him the right previously when he was working and paying child support, it will be up to you to go back into court based on the circumstances and have this changed. It does not arbitrarily change simply because dad is no longer living up to his obligations.

Scott R. Jay, Esq.