Q: Can I claim our son on my taxes, who in our decree is supposed to be claimed by my ex husband?
My ex husband and I have been divorced a few years. We share 4 children. In our decree we each claim 2 of our children on our taxes. I have primary custody and he has visitations. This year our oldest son has stopped his visitations with my ex husband. He has solely lived with me since the first weekend of 2022. My ex husband does not help financially with our children.
Generally speaking the parent who has primary custody claims the children on taxes UNLESS it has either been agreed or Ordered otherwise in the Decree.
If your Decree states that the father is to claim 2 of the kids then its best to follow the Decree to avoid being in contempt.
If you wish to have this changed due to the changes in your circumstances and avoid being in contempt, you may want to file a motion with the Court.
Janice Jacovino agrees with this answer
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