More details to this question:
My divorce is now final and I would like to change the claiming our child as a dependent on the yearly taxes, it is on the divorce that we are suppose to alternate years but I am the custodial parent, and our son is with his father 2 weekends a month. How can this be done?
1 ANSWER
If you entered into an agreement when you settled your divorce that permitted your former spouse to rotate the dependency deduction, then for the purposes of the divorce court, you are bound by that agreement.
IRS law is different, and you can consult with a CPA about that. However, if you claim the dependency when your ex is supposed to do so, then your ex can take you back to court and seek damages.
You could try to modify this by taking your ex back to court, but it is unlikely you could show a substantial change in circumstances (unless your ex was supposed to have the children more time and s/he is not keeiping up his/her end of the bargain.)
Sorry I couldn't give you more hope, but yu gave that up when you settled your case.
Good luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
Answered on Jan 18th, 2016 at 3:05 PM