Are there repercussions for signing over child tax waiver for 2012 to non physical custody spouse?

My former spouse asks if he can claim my child as his dependent and ask me to sign the tax waiver for 2012. My child lives primarily with me and he has weekend visitation but shared legal custody. Our current custody order does Not include an agreement on who claims our child for taxes. ( I am currently unemployes) lf I nicely sign over my right to claim my child for taxes for 2012 only, will this set precedence as allowing him to claim child dependency and tax rights for the future and use as evidence in court to modify child support and visitation order? Thank you.

San Mateo, CA -

Attorney Answers (2)

John Noah Kitta

John Noah Kitta

Divorce / Separation Lawyer - Fremont, CA
Answered

You allowing your ex to child tax exemption for 2012 should not set any precedence as to child dependency and tax rights in the future. If the Court Judgment does not indicate who gets the child dependency exemption, the Federal Law states that the party with the child 51% or higher of the time, or if on a 50/50 basis, the primary residence of the child, has an entitlement to the exemption. If you don’t need the write off there may not be a reason not to give it to him with the exception that would be a far more fair and equitable decision for you, accept his request if he would split the tax savings with you.

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Paula Brown Sinclair

Paula Brown Sinclair

Family Law Attorney - Twin Falls, ID
Answered

No allowing the other parent to claim the benefits this year has no effect on future years. To not do it when it is of no benefit to you would waste the benefits and make you look selfish. Both of you would benefit from adding provisions for future years to your support order.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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