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

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.

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Attorney answers 2

Posted

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!

Asker

Posted

I understand. We had agreed to do it this way because he is unemployed and i was the one working. He wouldn't of Benn able to file because he has no job.

Asker

Posted

Sorry, been.

Asker

Posted

We didn't know he had to fill out a form. This is why i asked for legal help.

Posted

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 mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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