Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

In my divorce decree there is a dependancy exemption that reads…

Customer Question
In my divorce decree there...
In my divorce decree there is a dependancy exemption that reads "Petitioner shall have the right to claim the minor child (names) as a dependent for all state and federal taxes in even years beginning 2010.
My question is this: One child is an adult and became an adult 12/09. He is a full time college student, lives with me and his dad wants to claim him on 2010 taxes. He did pay child support until 6/10 while our son was in high school but has refused to help with college or for any support since then. Q: Since it states "minor child" and one child is an adult now, do I still have to sign form 8332 to give him the excemption for both kids? or can I claim the adult child?
Submitted: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
3/1/2011
Family Lawyer: Tina, Lawyer replied 7 years ago
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Thank you for your question.

Since the plain language of the decree indicates that you have an obligation to permit your ex to claim the "minor" child" in even years, you would typically have no duty to permit him to claim your son for this year since he turned 18 in 2009.

He was no longer a minor child in 2010 and a court would normally look to who the child actually lived with at least 50% of the time in 2010 and paid at least 1/2 of his expenses.

This is normally the criteria required by the IRS and followed by CA courts.

All the best to you.

Tina

___________________________________________________________________________________

Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. Positive feedback and a BONUS are always appreciated.

NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.

As always, I am available to clarify the answers for you. Thank you and the best of luck.

Ask Your Own Family Law Question
Customer reply replied 7 years ago
Thank you for your answer, but, I'm wondering does it make a difference that he did pay child support until 6/10? He quit paying as soon as child graduated high school. Does that make a difference?
Family Lawyer: Tina, Lawyer replied 7 years ago
Child support would be taken into account even though your son was no longer a minor. It would typically be taken into account to determine who was the primary supporting parent for the year.

If you provided the majority of support, then you would normally be the parent entitled to claim him as a dependent since the language of the decree no longer dictates who claims him since he is no longer a minor.

All the best to you!


Please remember to press the ACCEPT button even if you have a subscription plan so I will be credited for my time by Justanswer.com. If you do not press ACCEPT, the website retains your payment and I receive nothing. A Bonus is always appreciated. Thanks again.

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, 17 years legal experience including family law

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

33,167 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need a sample letter to the judge handling my child
I need a sample letter to the judge handling my child support case. My ex-husband is not paying child support and hasn't pay any for the last two years he is over $22,000.00 behind and pays no current… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I have to fill out a Child support obligation worksheet before
I have to fill out a Child support obligation worksheet before my divorce can be finalized I was wandering how I fill that out its confusing and its for Indiana… read more
socrateaser
socrateaser
1,031 satisfied customers
How can I obtain my ex husbands salary immediately? I live
How can I obtain my ex husbands salary immediately? I live in Florida… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
Familyanswer, in the california child support guideline
Hi familyanswer, in the california child support guideline calculator, it asks "other child support being paid". Could this apply to the support I am providing for my current step daughter? Or is this… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My final divorce order states my child support and that I
My final divorce order states my child support and that I will pay until my child reaches 18 or graduates. My ex wife requested a modification in the support only, when I received the final order it n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
626 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
I pay child support in Texas. My divorce decree states "If a
I pay child support in Texas. My divorce decree states "If a child is eighteen years of age and has not graduated from high school" that I pay child support. Also, "If a child is eighteen years of age… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,868 satisfied customers
I want to file a motion to vacate a divorce decree that was
I want to file a motion to vacate a divorce decree that was ordered without my presence or notification ! I lost custody of my kids, a large percent of my income, and I'm fighting to keep my assests !… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
Is per diem calculated into to child support? I am a
Is per diem calculated into to child support? I am a contractor and going through a divorce. I get an hourly pay rate and a per diem rate. Is the per diem calculated toward child support? I have heard… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I filed a motion to modify child support it was denied.They
I filed a motion to modify child support it was denied.They filed motion for me to pay her attorney,judge said try to work it out and set date for November for him to see fees and decide.How do we dec… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Im a divorced NYPD Officer. in my stipulation it stated that
Im a divorced NYPD Officer. in my stipulation it stated that I am to retain my Variable supplement, 457 Plan and annuity and that my ex Wife waives any and all rights to these retirement benefits. She… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My wife is suing me for back child support. My son is 28. There
My wife is suing me for back child support. My son is 28. There hasnt been a problem with child support since our divorce in 1984. Now 10 years after my son has turned 18 and the fact that i recieved … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I LIVE IN TEXAS and pay child support. My son just turned 18.
I LIVE IN TEXAS and pay child support. My son just turned 18. His mon let drop out of school and is giong to get a GED. In my divorce decreeit states that if the child is eighteen and has not graduate… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x