If I’m primary over my daughter, can my ex-husband claim her on taxes?
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If I’m primary over my daughter, can my ex-husband claim her on taxes?
Asked on November 29, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Usually, the person that has primary custody has the right to claim the child on their taxes. The exception, however, is if the divorce decree/custody orders grant him this right. Sometimes, one spouse will agree to pay extra child support in exchange for getting to claim the child on their taxes. In the absence of a provision in your court orders, the person with primary custody would be the one to claim the children on their taxes. If he does so and they exclude your exemption, you may need to file an enforcement action with the same court that granted you primary custody.
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