Question:
If the divorce decree does not specify which party gets to use the children as an income tax deduction, who then gets that right?
Answer:
I cannot answer your question specifically to the laws of New York as I am not licensed to practice law in that State. Some jurisdictions has a presumption that the custodial parent or the parent who receives support would be entitled to the deduction. The IRS's position is that the parent with 51% or more of the time with the child is entitled to it. I suggest you check with your tax preparer regarding the same.
