Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

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: 6 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 6 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 6 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 6 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
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
Yeah im writing a child support agreement and was just
yeah im writing a child support agreement and was just looking for examples … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,777 satisfied customers
I have a child support case that is going to be revisited in
I have a child support case that is going to be revisited in court next month. My ex's former employer has offered to print out pay stubs from when he was employed there. I do not have an attorney, I … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
569 satisfied customers
If I wasn't properly served for a child support hearing and
If I wasn't properly served for a child support hearing and never received any type of correspondence in regards ***** ***** support which has been opened since 2015. How is it that I was never notifi… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 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
28,548 satisfied customers
I'm paying child support for children that are not mine I've
I'm paying child support for children that are not mine I've been doing it for over 24 years and the judge says until I get a paternity test their mine so I want to know how do I get a court order pat… read more
Crystal
Crystal
Attorney
JD
3 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
3,671 satisfied customers
In terms of child support and custody in the state of
In terms of child support and custody in the state of Wisconsin. What legal actions can be taken if the mother is currently housing, and feeding the child 80% of the time. The father is providing hous… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
My? is child support. To. I was paying interest on child
to. I was paying interest on child support. My ex pasted in sept 17. I contacted child support div when I found out in nov 17 my retirement was garnished. I was told that because Dec payment was collected I was not entitled a refund on that money it had to be distributed somewhere. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How do they figure overtime into your child support for
How do they figure overtime into your child support for work? I've been told that it's factored in. However the type of work I work the overtime is spotty. You may work the weekends, Saturday for a mo… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
If you pay child support? But are behind what will happen
If you pay child support? But are behind what will happen when you go to court? Contempt? I have to pay 1800 a month. But have only been able to pay 1300. We are still going through the divorce/custod… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,777 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,231 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 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