Blackduck, MN asked in Family Law and Tax Law for Minnesota

Q: In a custody case, will a judge ever deny one parents request for rights to claim the child on taxes every other year?

My ex and I have a now 9 year old daughter that he has had very little to do with. He has not made any attempts to see her in over two years. Last spring we had a very nasty dispute over taxes as I discovered he had been claiming her every year saying she lived with him half the time (lie). I had turned him back in a couple years prior for fraud on his unemployment because he was working for cash and not reporting it. (To keep child support from increasing) now he’s filed papers for custody and suddenly wants time with her. Obviously because time gives him rights to some $$. I didn’t fight him on the tint he said he wants. I won’t stop him from being a Dad. But he’s adamant on asking for rights to claim her on taxes every other year and i don’t agree with it. That’s the only thing holding us up. Does this need to even be addressed? Why can’t he be more focused on adjusting to having her back in his life instead of what he can get out of it? Do i need to just give him what he wants ?

Related Topics:
1 Lawyer Answer
Corwin Kruse
Corwin Kruse
  • Licensed in Minnesota

A: It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.

Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.

If the decree doesn’t address taxes, IRS regs state that the exemption goes to whoever has the child most of the time. If equal, it goes to the parent earning the most.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.