If I have joint legal and physical custody of my 3 children, do I have the legal right to claim all 3 of them on my tax return?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have joint legal and physical custody of my 3 children, do I have the legal right to claim all 3 of them on my tax return?
Unfortunately this was not addressed in our divorce decree. My ex-husband has them every other weekend. Every once in a while they will stay overnight on a weeknight.
Asked on October 10, 2012 under Family Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the marital decree that you are writing about which addresses the physical custody of your children where you have them the majority of the time it would appear that you have a right to claim a majority of the deduction percentage wise as to your three children on federal and state taxes IF no child support is being paid by your "ex".
To get a better understanding of your rights concerning the question you have written about, I suggest that you consult with a tax attorney and/or an accountant with respect to your matter and have one, the other or both review the marital dissolution decree and child custody order (with possible child support mentioned).
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.