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Family Law (Divorce, Family Relations)/Medical Expenses, Child Support and Dependency Exemption


My ex is required by our divorce agreement to pay 50% of all the kids medical expenses. I've submitted receipts to him throughout the year and he acknowledges them but hasn't paid any. According to our agreement, he can claim the kids as dependents on his tax return every other year only if his "ongoing child support obligation is paid in conformity with the order and provided he is not in default as of Dec. 31st". My question is does the fact that he is in default with the medical expenses qualify as a default for purposes of the exemption. I know I can file a motion with the court to collect the funds and plan to do so, but do I have to sign the form allowing him to claim the kids on his taxes when he's in default with the order regarding med. costs? He paid the arreages owed on his regular monthly support payments on Dec. 30th.

Hi Jaimie, considering that the non-payment of medical expenses subjects the non-payer to criminal contempt just as the non-payment of child support does it would be my opinion that you would not be required to execute the dependency exemption waiver under the circumstances you have described.  

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951  

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Dan Bachert


I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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