QUESTION
Should I contact IRS or send a letter along with my tax paperwork explaining the custody arrangement or will they sort it out on their own?
Asked on Feb 26th, 2013 on Taxation - Michigan
More details to this question:
My ex claimed our son on his taxes and I am about to file mine through the mail. I have full physical custody, he has joint legal but I and my partner provide all financial support to him, I take him to all his medical appointments and he lives with me legally. Visitation is every other weekend and whatever is agreed upon in between. Last year I allowed him to see him every other week, this gave him the notion he could claim him, and he did. I believe he is wrong. I don't know what to do legally, I don't want to wait months for my return because of him.
1 ANSWER
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Commonly the exemption for dependent children is dealt with in the divorce decree, or in the custody and support decree directly. If it is not the IRS has its rules as to which party would be entitled. I would suggest you see an accountant or tax attorney with your various court papers and disclose all of the facts to get a knowledgeable opinion.
Answered on Feb 27th, 2013 at 7:32 PM