Legal Question in Family Law in Kansas
divorce and taxes
My divorce papers state that my ex and i alternate years we can claim my daughter. Divorce papers also state that he will pay the agreed amount of child support. there was no order for support. I know this was stupid in hindsight. He has paid me nothing for the past 5 months. Can I claim her on my taxes even though its suppose to be his year? And what kind of legal recourse does he have if I do?
1 Answer from Attorneys
Re: divorce and taxes
If the Decree of Divorce says this is the Father's year, and he has not breached the terms of the Decree (because no child support is due), then he will be able to claim the tax deduction. If you do not have a written plan for sharing child-related expenses, you might consider a Motion to establish child support. If you both claim the child, the IRS likely will audit one or both party's tax return. If the Decree says Father is entitled to the exemption, the IRS will abide by that.
Consult an experienced family law attorney.
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