Legal Question in Family Law in Indiana

That depends. Certainly, if you don't need the deduction, you should allow it. What did the divorce decree say about that? Usually, the parties will do one of three things: (1) one party will take the odd years, the other the even years; or (2) the party who pays support will take the deduction; or (3) the parties will work something equitable out and file it with the court so there is no disagreements as to what to do.