50/50 physical custody & dependent/taxes


#1

Greetings,

I have 50/50 joint physical and joint legal custody of one child, and currently, my ex-spouse gets to claim my child as a dependent every year. My ex-spouse earns about 65% of the total gross combined income, while I earn approximately 35%.

For the last two years, my child has spent 200+ overnights at my residence - about 55%.

What can be done to more fairly assign dependency for tax purposes? How could this be addressed in District Court?

Thank you,
Phil


#2

You may file a motion to modify the current order if it allows your ex to claim the child. If the order is silent and the child is primarily living with you, you may claim the dependency exemption.