Income Declaration question

[bugsnlola]

What is the name of your state (only U.S. law)? CA

My ex used our son on his 2010 taxes despite our son primarily living with me. I asked him not to do it, but he filed before me and got a few thousand for it. I told him to put some of that money in our son's savings account like I did the year prior, but he used it all.

We're currently in court for custody and child support. I've just received my ex's child support Income Declaration and on there he put he filed 1 exemption for taxes, including himself in 2010. If he used our son on his taxes, isn't that 2 exemptions? If so, is that even worth pointing out to my attorney?

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA

My ex used our son on his 2010 taxes despite our son primarily living with me. I asked him not to do it, but he filed before me and got a few thousand for it. I told him to put some of that money in our son's savings account like I did the year prior, but he used it all.

We're currently in court for custody and child support. I've just received my ex's child support Income Declaration and on there he put he filed 1 exemption for taxes, including himself in 2010. If he used our son on his taxes, isn't that 2 exemptions? If so, is that even worth pointing out to my attorney?

Was there any previous order on custody which addressed the tax issue? If not, and if the child was living with you the majority of time in 2010, you could have claimed the deduction. The IRS would have investigated and your ex would have had to refund the money (plus penalties and interest). You could still go back and file an amended return.

As for pointing it out to your attorney, why not? The attorney may well decide that it's not important enough to bring to the judge's attention, but it will only take you a minute to show your attorney, so I would certainly do it.