QUESTION
If my divorce decree states that each of us can claim one of our 2 children can that be modified if they are with me 80% of the time?
Asked on Jan 29th, 2013 on Child Custody - Oklahoma
More details to this question:
Currently I claim one child and my ex claims one as stated in our decree. I am the custodial parent and he sees them every other weekend. I would like to have my agreement modified so that I can claim both children.
13 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Yes, that provision can be modified through a court order. Consult with an attorney to discuss this issue further.
Answered on Feb 01st, 2013 at 3:51 PM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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You will need to file a motion with the court to modify your judgment to that effect. If you ex is paying child support the courts are loath to change that tax treatment, so you will need to show that it is in your best interest to claim both children. If you spouse is in arrears in child support payments, that is a way to make up the arrearage, but you want the judge to sanction that.
Answered on Feb 01st, 2013 at 3:51 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Go to court to change it. It's up to the judge. You receive more child support if he takes one exemption so be prepared for less money every month.
Answered on Feb 01st, 2013 at 3:50 PM
All issues relating to child support and child custody can be modified by the court until each child reaches majority.
Answered on Feb 01st, 2013 at 2:35 PM
The division of tax exemptions is not based on how much time the children spend with each parent; it is based on each parent's proportionate share of their combined income. If the parties' incomes are roughly equivalent, it is appropriate that they would each claim one child each year, regardless of how the time-sharing arrangements are set up.
Answered on Feb 01st, 2013 at 5:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without additional information I cannot form an opinion, but if there has been a change in circumstances sense of the divorce decree it might be possible. You should see an attorney with all of the facts.
Answered on Feb 01st, 2013 at 5:20 AM
Yes, it may be modified but it should be done in writing so that you will have proof if the other party does not abide by the agreement.
Answered on Jan 31st, 2013 at 1:47 PM
John Arthur Smitten
That is not a basis for modification.
Answered on Jan 31st, 2013 at 1:46 PM
Alimony Attorney serving Key West, FL
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Sheri Smallwood Chartered
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A decree can be modified if there are changed circumstances and the modification is in the best interests of the children. This is a general statement of the law only. It is not specific legal advice to you. I have not become your attorney or undertaken any responsibility by answering this inquiry. There is no privilege or confidentiality attached to this communication.
Answered on Jan 31st, 2013 at 1:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The Idaho Child Support Guidelines account for the tax deduction. If you get both, then you will have to pay a portion of the benefit to your ex, which means probably a reduction in child support. Is it worth it? If so, then ask your ex if he will agree and then you can stipulate to it and the court will enter the order with a minimum of fuss. If he won't stipulate, it will be tough to get the court to understand why this is so important.
Answered on Jan 31st, 2013 at 1:44 PM
Depends on if the provision was including in the custody portion or the property settlement portion of your Judgment. You would need to file a Motion to modify.
Answered on Jan 31st, 2013 at 1:44 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It is stated in a settlement agreement and you would have to get that modified unless your ex agrees to it, and I would get that agreement in writing.
Answered on Jan 31st, 2013 at 1:43 PM
Yes, a decree can be modified. The parties can agree to the changes and present an agreed order to the court for review and approval of the proposed modification.? If there is no agreement to the changes, one party can file to modify the decree and serve the other party. The matter would then proceed as a contested issue, and the court would decide if the requested modification(s) is/are approved.
Answered on Jan 31st, 2013 at 1:43 PM