Can my husband sue me because we disagree on who receives the tax deduction from our child?

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Can my husband sue me because we disagree on who receives the tax deduction from our child?

My soon to be ex-husband wants the tax deduction from our child every other year. I want the tax deduction every year because I am the custodial parent. Can he sue me over this?

Asked on August 17, 2011 Arkansas

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your situation.  I am confused by the way that you have phrased the question.  Have you not already entered in to an agreement as the issues surrounding your children and your finances including the tax deduction? Are you not alreadt in litiagion under the divorce action?  Do you mean separate and apart from the divorce action? Can't he just delay the divorce by refusing to agree?  But besides all that are you aware that the IRS has certain guidelines as to who can take a tax deduction and what "custodial" means, etc.?  I would consult with your accountant on the matter as soon as you can. And your attorney.  Good luck.


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