ex and I agreed to alternate tax years with daughter, she is taking me to court to get sole tax deduction, can she?

Sonora, CA Viewed 40 times. Posted 23 days ago in Tax

We had it stipulated in settlement we would alternate. I pay $1,000 a month and can't write that off. Also stipulated that she was getting lion's share of assests and therefore could not contest settlement in future, yet she is. I don't want to hire a lawyer again as I am flat broke, but I want to contest this. I've been ordered to appear. I just want the judge to look at the original agreement. Do I need a lawyer? This seems frivolous to me.

Answers (2)

Richard Forrest Gould-Saltman

This attorney is licensed in California. Posted 23 days ago.

If your ex has primary physical custody (50.1% of the time) she's entitled by Federal law to claim the dependency exemption, unless there's an agreement otherwise. If there's an agreed amount of child support and you're not paying it, not only is her request to take back the exemption not "frivolous", it may very well be successful. If there's a child support order which you can't afford to pay, YOU need to go back to court and get it modified, because if you "rak up" a significant amount of back-due child support, losing the tax exemption is the least of your worries.

Henry Daniel Lively

This attorney is licensed in California. Posted 22 days ago.

I agree with attorney Saltman. The test is if the dependent lived with you over 50% of the time. If you are the non-custodial parent, you need an agreement that you are able to take the dependent. If you can pay for a lawyer, if is a good idea to hire one in this situation.

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