QUESTION

can a settlement over child exemptions be changed by a judge

Asked on Jan 29th, 2015 on Divorce - Nevada
More details to this question:
my former wife and I agreed to me getting one child as a exemption. this was a negotiation made for all assets and debts. she now is taking me to court three years later saying she wants it changed due to the children living with her most of the time. As I live out of state and am finishing up a degree. is this a common thing that the judge will change?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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In Nevada, the child tax exemptions are generally considered one of the things a court can allocate between parents.  See: ............................ Sertic v. Sertic, 111 Nev. 1192, 901 P.2d 148 (1995)     District court's allocation of the federal income tax dependency exemption for the child upheld.  The Court explained that before 1985, the exemption could be allocated, and that result was not changed by the 1984 amendments to the Internal Revenue Code.  The matter should be one within the "broad discretion" of the trial courts, and it is not "overly burdensome" to execute the appropriate documentation............................. Of course, just because she is making the request does not mean the court will agree with her.  Much depends on the facts of the case, why the exemption went to you, whether you have done what you were supposed to do (re: child support or otherwise), and other matters not clear under your question.  You may well have to consult with a family law specialist to go over your specific facts.
Answered on Jan 31st, 2015 at 5:47 PM

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