My ex file the income tax while we were separated and we have a child together ( he's 5 ) , does he has right to do that

My ex and i been separated since July of 2011 , i have primary custody of the child , he pays child support and have visitation , he say we should take turns filing our child on the income tax , if its not true , can i have judge grant me in the final decree to file my child when income tax come because i m taking care of him 90 percent of the time

Dallas, TX -

Attorney Answers (4)

William Tyler Moore Jr

William Tyler Moore Jr

Lawsuit / Dispute Attorney - Houston, TX
Answered

The dependency exemption for the child is not something the divorce court judge can award.
That is a matter of federal tax law and generally goes to the parent with the primary custody. If you and your ex agree, then you and he may contract to do othewise with the dependency exemption. But, you have no obligation to do so. Nor can he make you. Get a

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Daniel Lee O'Neil

Daniel Lee O'Neil

Tax Lawyer - Houston, TX
Answered

If you are represented by an attorney going through the divorce this is really a question for that lawyer. Depending on the specific facts of what "taking care" and how accurate 90% is, generally and I mean that in a very general sense, it would be proper for you to claim the child. However it depends on the specific facts which should be reviewed by either your family law attorney, or potentially you might want to have a brief discussion offline with a tax lawyer or enrolled agent before moving forward.

Best of luck

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Byron Keith Barclay

Byron Keith Barclay

Personal Injury Lawyer - Houston, TX
Answered

As has been suggested, you and your spouse can agree that you will alternate the right to claim your child as an exemption under your taxes, but your husband has not done anything that is prohibited by the US Tax Code or by any Court, since it appears from your answer that a divorce is not presently pending.

You need to engage experienced legal counsel to file a divorce on your behalf and proceed with that process so that these issues can be discussed, negotiated and resolved. Best of luck to you in this process.

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Linda Simmons Campbell

Linda Simmons Campbell

Tax Lawyer - Burlington, CT
Answered

As the other attorneys have stated you and your ex can make an agreement regarding who takes the child on their tax return. This is an issue that should be addressed in your divorce agreement. If you do not have a divorce attorney yet it would be to your benefit to retain one to get an agreement in place.

lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question... more
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