FULL Custody and Taxes (exemption)

[flotus]

How can I make the case for the dependency exemption with full custody opposed to allowing other party to claim on some years?

If I have the sole responsibility as caregiver and he's paying hefty paying child support he still shouldn't get a tax break because it's his responsibility. Also he wouldn't do it for me. Any insight on how lawyers might argue in his defense even if he has no custody at all?

Thank you!

[Attorney Howard Iken]

That is a situation that is dependent on the judge. There is no definite rule. More often than not, each parent alternates exemptions.

You should do some number crunching before you fight it. Keep in mind that child support will rise if the payer gets the exemption. That is due to the fact that their take-home pay rises. You should compare to see if this is a fight that is worth it.

Attorney Howard Iken

[flotus]

I thought the IRS changed the ruling and it did matter what the decree stated. The custodial parent claims dependent exemption. ????

[flotus]

I forgot to mention he has multiple sources of unreported income from under-the-table side jobs (3), etc.

As I told my attorney he works in a cyclical field, there's no guarantee I'm even going to get the child support awarded ($1600 monthly). He's also in the position to ask for temporary lay offs. He did it last year to lower his AGI which I guess is a strategy to lower CS.

My attorney is going to file a motion requesting 3 years of bank statements.