QUESTION
When does child custody agreement expire?
Asked on Jan 21st, 2013 on Child Custody - Arizona
More details to this question:
Our child custody agreement states that my x-wife gets to claim our son on her taxes but he is now 19 (DOB 12/17/93) and has lived with me full time all of 2012 and been a student at community college. Do I still need to get her to sign a release for the exemption or did that expire when he turned 18?
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Before the question can be answered I would have to look at the judgment of divorce. Under the circumstances described exemption for your son should probably accrued to you.
Answered on Jan 24th, 2013 at 8:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Look at the custody order. If it expired when he turned 18, then you don't need to ask her anything.
Answered on Jan 22nd, 2013 at 1:16 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The court has no jurisdiction after your child turns 19. However she could probably claim him for last year when he was 18.
Answered on Jan 22nd, 2013 at 1:15 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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The dependent exemption is awarded as part of child support, and that has terminated as of his graduation from high school. If he lived with you full time in 2012, then you can claim him.
Answered on Jan 22nd, 2013 at 1:15 PM
Generally speaking, all child-support related issues (including tax exemptions) are in effect only until the child is emancipated. At age 19, the child is considered emancipated under Arizona law. That means that IRS guidelines control. I do not practice tax law, but it is my understanding that that if he is residing with you for more than half of the year, you can claim him as your dependent. I recommend you consult with a tax professional to discuss this matter in greater detail.
Answered on Jan 22nd, 2013 at 1:14 PM