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Hi i was wondering should it sate in my divorce papers that im the only one that can clam her on taxes

Beaumont, TX |

i have filed for divorce know i no how to consolidate my child support. thanks but she it stae that im the only person that is allow to carry her for taxes being that she will stay with me full time. i also was wondering have you ever seen a judge grant an non geographic limitation in any divorce cases. due to the fact that i'm trying to move out of texas for a major career change.

Attorney Answers 3

Posted

For the taxes, you absolutely want it in the order that you claim your child every year. This can save a lot of time and money in the future if your ex tries to claim. As for the relocation, call a local attorney and ask about rules for relocation. In IN there are specific notices and timelines that need to be followed prior to a move.

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Posted

Its difficult to divine a question, but do you want it that way? "that im the only one that can clam her on taxes"?
Then yes.

Its always good to have it in the decree. You should also be providing greater than 50% support to independently qualify under IRS rules..

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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1 lawyer agrees

Posted

No, it does not need to state in your decree that you get to claim the children on the tax return. Of course, it is never a bad idea to have it state in the divorce decree that you will be the person to claim the children for tax purpose to avoid confusion about the issue, but practically speaking who gets to claim the children on the tax return turns on who has the children more than 50% of the time.

A geographical restriction can be tried in front of a judge or jury. Absent some showing of need I would think that more likely than not a geographical restriction would be granted. In short, if you are going to avoid a geographical restriction you will need to have enough evidence to demonstrate that a lack of a geographical restriction would be in the best interest of the children, e.g., you have to move to adequately support your children.

I hope this helps.

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