Family Law Questions? Ask a Family Lawyer Online.
I claimed both children on my taxes in MA because both children ended up living with me most of the time last year due to his (their father) living arrangements. We are supposed to have a 50/50 shared custody as per our divorce papers. He is saying I broke the law because in our divorce papers he is to claim one child OK, I presume you are saying that in addition to the decree saying it is 50/50 time/custody, it is also expressly giving him the claim, right?...
and I the other. Have I broken the law? No, not exactly. There are really two "laws" here, one being a court order, the other being the IRS rule. The IRS rule goes by who is actually having the custody, which sounds like you. It used to abide by the decree, but no longer.
Thank you so much Alexia. This is very helpful and thank you for clarifying/distinguishing the law and the Tax laws as well as the definition of child custody relating to time slept over at the house. I had suggested we go to court to clarify all the confusions but he refused. But I really didn't want to have done something I was not legally entitled to and this has settled my mind - I have done nothing wrong here:) Thank you so much and going forward I will file the form 8332 (I was not aware of this document) - again, very helpful to know.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).