Legal Question in Family Law in California
Hello,
My sons father and I have had a custody agreement of 50/50 in place for the past 7 years with taxes being filed every other year for us. Over the past 3 or so years his dad has not been following the 50/50 agreement and my son has been with me more than him. I am filing taxes and I am wanting to claim him but on our agreement he has odd years I have even. I believe it is only fair to claim him this year but his dad is threatening me to take me back to court. Can I claim him and then go to court to prove that he has not been following the 50/50 agreement and be OK to claim?
2 Answers from Attorneys
Without a court order the exemption claim remains as is regardless of the timeshare. I would suggest that you go back to court and get an order that reflects the timeshare. You are likely to get and increase in child support and if you have the child more that 50% of the time you will get the tax deduction.
I agree with Mr. McCrary. You are stuck with the order until you have it modified.
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