If a separationt agreement says the non-custodial party can claim a child for taxes when legal, but does not have written that the custodial parent has to sign a document for it, would the custodial parent have to sign the tax/legal form to let the other claim?
(I understand the custodial parent is the one that legally can claim if there’s nothing saying they agree to the other parent doing it, but asking if this can be upheld in an agreement worded like this, not stating that they need to do anything further to let the other claim them).
There is generally a paragraph in the standard provisions of separation agreements which states that the parties shall promptly execute all documents necessary to effectuate any terms of the separation agreement.
This is the paragraph that you would fall back on in order to get the other parent to sign tax forms consenting to you claiming your child as a dependent on your income tax returns.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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