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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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Using a mediator, there was an error of omission in my divorce

Customer Question

Using a mediator, there was an error of omission in my divorce decree 15 years ago that said I got minor child x as a tax exemption and my ex-husband got child y (not prefaced by minor). Even though child y is now a 22 year old student living with me full-time, my ex is continuing to claim him as an exemption. The IRS was allowing both of us to claim him, but they audited us and due to the error say I owe them $4,000 for using him as an exemption in 2013 unless I can provide a court order that states his dad can't use him as an exemption. The settlement was very simple...you take yours, I take mine, split profit off sale of house, I was the custodial parent with 60/40 split. Is there anyway to correct this error retroactively, as this was not the intent of our settlement...he is just taking advantage of the mistake. Why would I have agreed to giving my ex an exemption if I'm supporting my child 100% and he's providing nothing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Using a mediator, there was an error of omission in my divorce decree 15 years ago that said I got minor child x as a tax exemption and my ex-husband got child y (not prefaced by minor). Even though child y is now a 22 year old student living with me full-time, my ex is continuing to claim him as an exemption. The IRS was allowing both of us to claim him, but they audited us and due to the error say I owe them $4,000 for using him as an exemption in 2013 unless I can provide a court order that states his dad can't use him as an exemption. The settlement was very simple...you take yours, I take mine, split profit off sale of house, I was the custodial parent with 60/40 split. Is there anyway to correct this error retroactively, as this was not the intent of our settlement...he is just taking advantage of the mistake. Why would I have agreed to giving my ex an exemption if I'm supporting my child 100% and he's providing nothing?
Response: I am not sure that you would be able to correct it retroactively. However, you may be able to correct it moving forward. You need to file Complaint (Petition/Application) with the Court for Correction of the Error Made with the Settlement (for Modification) and state why you think there is an error, just as you stated on your post here. You can obtain forms for filing for Modification online at the Courts website:
http://www.courts.ca.gov/selfhelp-support.htm

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