Do I have to sign off on my right to claim my son every other year on my income tax return in order for my ex-wife’s husband to place my son on his insurance?

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Do I have to sign off on my right to claim my son every other year on my income tax return in order for my ex-wife’s husband to place my son on his insurance?

Asked on October 7, 2010 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am really unsure about your question and how to answer it.  What I think that you are missing here is that there is not legal connection between your son and his step-father so there is probably no right to place him on the insurance to begin with.  He would not be a "covered party" under the policy. In order for that to happen he would have to have at least guardianship of your son, and I do not believe that you would wish to give that up, would you?  If the insurance was under your wife's policy then it would be no problem.  But that is not the case here.  Have your ex's husband double check.  Good luck. 


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