Legal Question in Family Law in New York

my question is can a spouse file a separate tax return and claim the children when the other spouse has tempory custody and a restraining order against the spouse,which also states he pay $85.00 a week which he is behind 5 weeks and still waiting for child support to kick in.we have no legal separation but i'm going throughgetting papers to get a free divorce which takes time.what aremy rights?


Asked on 2/23/11, 9:28 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

When there is not agreement, the custodial parent (even with temporary custody) receives the tax deduction for the children.

Mike.

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Answered on 2/23/11, 11:21 am


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