QUESTION
Can I revise the divorce to where he only gets to claim my child when he is up to date on support?
Asked on Apr 15th, 2014 on Divorce - Texas
More details to this question:
My ex-husband got to claim one of our two children in the divorce. I didn’t agree to that in the divorce but it is what it is. He is $4,000 behind in child support and only pays when held to the fire. He owes the IRS money so I’m not getting anything intercepted.
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It doesn't matter what you agree to. It matters what the court order says. If he is behind in child support, then you don't have to sign the waiver because the IRS rules are clear - a parent has to be current at the end of the year to be able to take the exemption.
Answered on Apr 16th, 2014 at 6:30 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Language of the final judgment controls, you can always ask the Judge.
Answered on Apr 16th, 2014 at 6:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You would have to go back to the court for a modification of the order and the reallocation of the exemptions. The correct answers to take them back to court, have him found in contempt and the support obligation enforced in the same motion where you are seeking modification.
Answered on Apr 16th, 2014 at 10:24 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Check with your tax preparer, but the usual rule is that the parent with primary possession of the child gets the dependency exemption, no matter what the state court divorce decree says.
Answered on Apr 16th, 2014 at 8:33 AM