Taxes and Seperation agreements


Income split is approx 70% him and 30% me

custodial time is approx 60% me and 40% him (or a little less)

I know the law is that the parent who the child primarily lives with claims the children unless there is an agreement/court order that states otherwise.

is there a way to legally word the SA that would allow him to claim both children but be required to give me the amount I would’ve gotten had claimed them? our thinking is that b/c his income is so much higher and he owns his own business with tons of deductions he’d probably benefit more by claiming them. we’re both agreeable to this, im just not sure it’s legal or possible to include that in a SA i have no idea how to begin to word that. or how it would be enforced.


The two of you can definitely contract for this in the separation agreement. Specific language recommendations are beyond the scope of the forum, but if you’d like to draft the separation agreement yourself then you may find Rosen Online helpful. You can find more information about Rosen Online here:


Thankyou for ur quick response!