If you are the one with primary phsyical custody, you are the one entitled to the tax deduction, unless you signed the tax waiver or the court ordered you to sign the tax waiver. As the previous post mentioned, support and custody are two seperate matters. I would also suggest that you consult with an attorney. If your husband would file for custody, you would have the right to challenege that and you could ask the Court for whatever Order you would like to see. As far as the likelyhood of success for his claim, its hard to say without knowing more about the case.
Feel free to contact me if you have any further questions. I offer free phone consultations.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
If you are the one with primary phsyical custody, you are the one entitled to the tax deduction, unless you signed the tax waiver or the court ordered you to sign the tax waiver. As the previous post mentioned, support and custody are two seperate matters. I would also suggest that you consult with an attorney. If your husband would file for custody, you would have the right to challenege that and you could ask the Court for whatever Order you would like to see. As far as the likelyhood of success for his claim, its hard to say without knowing more about the case.
Feel free to contact me if you have any further questions. I offer free phone consultations.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.