Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I got divorced in 2006. 2 kids. Joint custody. Each claiming…

I got divorced in...

I got divorced in 2006. 2 kids. Joint custody. Each claiming a kid on taxes per decree. The child my ex was able to claim has always lived with me and I am paying for her college. She turned 18 on June 10 of this year. So by law who gets to claim her this year? Him from divorce decree because she was 17 for part of the year or me because I have provided all financial support and she was 18 for majority of the year.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Not yet But ex says he has the rights and he will file first because of some things my husband and I will have to wait for.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
1/19/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,869
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question

The divorce decree remains in effect until the child graduates from high school or reaches age 18. So if the father was allowed to claim the child per the decree for the year in which the child was a minor, that would be controlling from the divorce decree perspective; however the fact that the child is now an adult and no longer a subject of the child support decree does give claim for a modification of child support based on the fact that there is only one child to support, as well as the fact that the tax ramifications that were taken into account when issuing the original decree have changed.

This would be a substantial change in circumstances which would allow modification.

Please see:

https://www.eitc.irs.gov/tax-preparer-toolkit/frequently-asked-questions/divorced-and-separated-parents/divorced-and

For future tax years the parent that provides the support may claim the deduction along with applicable tuition credits if the test is met -please see:

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-rules

The living with requirements means that the parent's address is used for temporary breaks from school.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Would I need to hire an attorney to pursue a modification? My ex-spouse is unwilling to budge on this. He feels he is entitled to that money.

One can present their case on their own but that means you would have to prepare the paperwork-however, the attorney general's office does assist with modification requests; please see:

https://www.texasattorneygeneral.gov/faq/cs-parents-frequently-asked-questions

I'm not sure what their turn around time frame is though.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,869
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Ok, thank you.

You are welcome - good luck to you on this, and I certainly hope you get a modification if you are shouldering the cost of tuition without the other parent's help.

Thank you and take care.

Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,869
11,869 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems 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

6,562 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
Joint custody. No right of refusal. Father traveling for
Joint custody. No right of refusal. Father traveling for work during his custody time and refusing to allow me to care for our child in his absence.I have gained information as to his upcoming travel.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 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 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
3,668 satisfied customers
My son is going for joint custody and i cant be there to
my son is going for joint custody and i cant be there to testify she is a bad parent, how can i sent my son to court with an affidavit with what i witnessed … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
I share joint custody of our children with my ex. She
I share joint custody of our children with my ex. She admitted under oath there was no domestic violence in the divorce. Now, after I attained a medical court order for her to seek treatment for our s… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I have a family law issue. I have a divorce decree in NYS. A
I have a family law issue. I have a divorce decree in NYS. A separation agreement is incorporated into that decree. The agreement calls for the sale of the marital residence. The house was sold and my… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
NY.....joint custody but physical custody with mom....dad in
Hello, NY.....joint custody but physical custody with mom....dad in VA. Mom decides to homeschool without telling dad, which he is failing. Dad called the school 3 months ago as the mom stated a psych… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,165 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
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I got divorced in 2004 and remarried. I have joint custody
i got divorced in 2004 and remarried. I have joint custody of 2 kids from first marriage. I have been married again with my current wife for last 9 yrs and now she wants to divorce and wanting to get … 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
Can family law judge order to keep child support case at
Can family law judge order to keep child support case at family court even one parent open the claim at DCSS? I have been fighting to find my husband true income as he has been hiding it. He is a busi… read more
LegalGems
LegalGems
Lawyer
11,869 satisfied customers
NJ Family Law ... Im currently providing child support for
NJ Family Law ...Im currently providing child support for my 23 year old daughter at $360 a month and my 16 year old daughter at $440 a month. These payments go to my x wife. We have joint custody and… read more
Expert James
Expert James
Doctoral Degree
11,737 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