Legal Question in Family Law in Louisiana

child custody agreement

When my child custody agreement was made seven years ago certain financial agreements were made on both sides. At that time my ex husband was getting every other week visitation rights so the judge gave him $120 out of my child support for him to have for her. Now he gets her every other weekend (4 days a month) by our mutal agreement, but he still retains the funds. The judge also specified he pay for medical insurance and half of the out of pocket expenses. He does neither. I do all of this on my own. We also agreed that we would each claim her on our taxes every other year. This is my question. When I filed my taxes this year (thru a free servce the irs offers) they told me if I could prove I provided 50% of her care I could claim her on my taxes even though he had already filed his with her as an exemption. So I filed, it was excepted and now they want one of us to amend our taxes not claiming her. He does not want to do it because it was his year. He claims it is an agreement in the custody, but he is forgetting that none of the other rules are being followed either. He wants to only recognize this one. Legally through the irs I can file. He cannot prove his 50%, but where do I stand legally in my court case.


Asked on 11/19/07, 2:09 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: child custody agreement

I believe that until the court order is changed, it is the law between the 2 of you. The court will not care what the IRS says, since you agreed to it.

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Answered on 11/20/07, 7:10 am


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