tax write off

What is the name of your state? California

I have been paying child support for the last 4 years for my two children which I am very much involved with and have joint legal custody with my ex-wife. What is the law about writing off the children? She will not agree on each of us taking turns or one writing off one child and one writing off the other. Is there anything that I can do? Do I have the right to write them off. I have been paying at the end of the year for the last 3 years!!! Over $1000.00 every year. Hard to do when paying almost $10000.00 a year in support.

Tax Write Off - California

Unless mutually agreed to at the time of the child support order, the custodial parent gets the write off; however, if you have 50/50 custody, you could go back to court for modification outling every other year or if there are an even number of children, split the dependents for taxes.

rebeccalm said:

Unless mutually agreed to at the time of the child support order, the custodial parent gets the write off; however, if you have 50/50 custody, you could go back to court for modification outling every other year or if there are an even number of children, split the dependents for taxes.

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Our experience in California: My husband has 50/50 custody, share legal/physical and pays child support. During the divorce, X gave him the right to take the tax deductions, which meant she would get the max CS allowed. Last year, X wanted to modify this to take the deductions herself, and keep the max CS amount. Judge ruled that since he was paying child support and made the most income, then he keeps the deductions. She makes minimum wage.