QUESTION
My original custody agreement states we each claim a child. If my ex husband is on welfare can I claim both children?
Asked on Feb 10th, 2014 on Family Law - California
More details to this question:
In 2012 and 2013 my ex husband's only source of income was welfare (cash aide, ect). The latter part of 2013 child services forced me provide child support to him for our son (so they could be paid back for the welfare services he receives). I'm assuming that even though the state receives the money he has to claim it on a tax return. Because I provided all care for one child and 90% of care for the other can I claim the children without having to go back to court to get this section changed? Or does he have to agree to allow me claim both children
1 ANSWER
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You may want to go back to court with a Request for Order and ask that the other child live primarily with you as well. In this case, the court would look at what is in the best interest of the child. At the same time, you could address the tax issue.
Answered on Feb 10th, 2014 at 2:05 PM