Legal Question in Family Law in California

I have 2 children with my ex, hes been helping me with child support and takes them at least 1 weekend a month and sees them 1 time during the week. Who has the right to claim the kids on our taxes, i have for the past 2 years because they live with me but now he wants to claim them.


Asked on 1/15/13, 3:00 pm

1 Answer from Attorneys

The tax laws provide that the person with whom the child resides for more than half the year is granted the exemption, unless they voluntarily give it to the other parent. There is an IRS form to release the exemption which the custodial parent signs and the non-custodial parent files with their tax return to get the exemption.

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Answered on 1/15/13, 3:16 pm


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