If I’m primary over my daughter, can my ex-husband claim her on taxes?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I’m primary over my daughter, can my ex-husband claim her on taxes?

Asked on November 29, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Usually, the person that has primary custody has the right to claim the child on their taxes.  The exception, however, is if the divorce decree/custody orders grant him this right.  Sometimes, one spouse will agree to pay extra child support in exchange for getting to claim the child on their taxes.  In the absence of a provision in your court orders, the person with primary custody would be the one to claim the children on their taxes.  If he does so and they exclude your exemption, you may need to file an enforcement action with the same court that granted you primary custody.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption