If my divorce agreement gives my ex and I alternate tax years to claim kids as dependents, what circumstances would void this?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my divorce agreement gives my ex and I alternate tax years to claim kids as dependents, what circumstances would void this?

Although our divorce settlement was based on ex taking physical custody every other weekend, I have had physical custody 365 days over past year (actually, he has never provided shelter or food outside of child support). If he does not fulfill his obligation as per settlement, can I claim children as dependents on his year?

Asked on March 27, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You seem to be in a very uncomfortable position.  I would not advise you to just claim the children on your taxes if this is not your year.  You need to go to court to ask for a modification of your agreement.  You need a change in circumstances to apply for a modification before the court.  If your ex is not living up to his end of the agreement then you have a good shot at the modification. It is cutting it close to April 15th here but if the court does grant it then you will both have to re-do your taxes.  Get some help with this.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption