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

San Mateo, CA |

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.

Attorney Answers 2


  1. Best answer

    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.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  2. 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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