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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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My exhusband wants to claim my son as a dependant now ...

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In our 1993 divorce it says my ex can claim my oldest daughter on his taxes,he can claim my other daughter if I make less that 10,000 and I can claim my son.My oldest daughter is going to be 23 2/8/08.My other daughter is 21 and will be 22 4/19/08. My son is 20 and will be 21 8/10/08. My ex has to be current in support. He doesn't willingly pay support. It is taken out of his check and he is in medical arrears. In Dec. 2005 we were in court because he refused to pay the 500.00 in Aug. for school clothes. He owed 1000. Plus he would of had to pay another 500 the following Aug.. He agreed to keep the support the same after the two girls turned 21 if I dropped the 500.00 in school clothes. He would keep the support the same until my son turns 21. He is taking me to court because I claimed all three on my taxes. He did not support my two girls that are 22 and 21. He said he had a right to claim my oldest. He wants to be able to claim my son next year. Will the court side with him? He says I violated the divorce.

Hello,

If your order stipulates he must be current with support in order to claim them and he is behind in child support then no you can counter claim that he was behind and thus you claimed them.

If he is current with support (This is not medical support) then he had a right to claim the child and if you failed to allow him to do so he has a claim. The judge may allow him to claim your son next year since he was prohibited from claiming your daughter this year.

I wish I had better news,

Walter

Customer: replied 9 years ago.
Reply to Walter's Post: Even if he did not support my 22 year old daughter he can claim her?

Hello,

Yes......if he is permitted t claim her via the IRS standards and the court order grants him this right then he would be permitted to claim her regardless.

Walter

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