Can my ex give me permission to file for our children if he has legal custody?

Asked almost 2 years ago - Fontana, CA

I told him we'd split the money and he agreed. Well now he's blackmailing me saying if i don't give him more he's calling the IRS. I don't think this is fair because even though i don't have legal custody, i still provide for my kids.

Attorney answers (2)

  1. Michael Roger Schneider

    Contributor Level 14


    Lawyer agrees


    Answered . As a matter of law, if he is the parent with greater than 50% custody, he has the right to claim the child unless he executes an IRS Form 8332, release of exemption. Just because you pay support does not give you the right to claim your child at all. Sorry!

  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . Michael is correct, this is quite common unfortunately

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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