Legal Question in Family Law in Florida

Where can I find in the State of Florida what the criteria is for in a divorce, which parent can claim the child for tax purposes? If the child lives with his mother in another state, and I have timesharing rights, is there any tax benefits I can claim? Although child lives with his mom, I contribute over 50% on all expenses, yet each year I cannot claim him as a dependent, or deduct any taxes and I end up owing the IRS while the child's mother gets a refund. This is unfair and there should be something I can do to make this a more financially equitable arrangement. Can I file a motion on my behalf without legal counsel in the county where the divorce occurred requesting a modification to the decree?


Asked on 2/18/10, 7:12 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

the short answer is "yes" you can file a motion without counsel. As to who gets to claim the children, many times this is set out in the Marital Settlement Agreement or in the original Order by the court. If you want to change it you must ask the court for modification, unless you have a Marital Settlement Agreement which allows for modifications without court involvement.

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Answered on 2/24/10, 6:28 am


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