Meeting with Attorney today to work out agreement--quick question?

[floss&ferd]

My stbx and I are meeting with my attorney today to write a temporary agreement.  I think my stbx does not want to pay an attorney bill so he wants my attorney to write it and me to pay for all of it.  (Because heaven forbid he takes adult responsibility for anything!)

I will have physical custody of our two kids.  He will he have joint legal custody with state guideline visitation/child support.

The only important issue he has not mentioned is taxes and who claims the kids.  I would obviously prefer to claim both of them every year.  I will have them more and make slightly more money than he does. Does that automatically go with physical custody?  Or is it more with the joint legal?

(I have sole physical/legal custody of my oldest daughter so I claim her every year.)

[NolaRiordan]

That is usually negotiable as far as I know. Here in Michigan the person who has them more than 50% of the overnights claims them, but you can alter that if it's mutually agreeable to the 2 parties. In our case since we have 2 kids we each claim one. The person who does my taxes said that's usually what people with 2 kids do.

[doubledutch]

my tax accountant step-dad says in order for the ncp to claim a child on their taxes, they have to provide more than 50% of their support.  it doesn't sound like that would be the case for ex, since you will have physical custody and have the higher income.