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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.

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Answered in 2 minutes by:
1/19/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,973
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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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.

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Customer reply replied 4 months 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: 12,973
Experience: Experienced Family Law Attorney
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LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months 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.

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