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You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Claiming Dependent after Divorce
Expert: MEdusa - 11/2/2009
Question
I have been divorced nearly 5 years. According to the Divorce Decree we are to share the dependent exemption (we have 2 children) He claims 1 child and I claim the other child.
I submitted for a child support modification last September, 2008. In late July this year, they determined an increase of $146.00 per month. As a result of this increase my ex has determined of his own that he will not pay any medical expenses that we are split, that the insurance does not cover. He has also decided that the braces my daughetr needs is consmetic and that child support is to cover this. (I have emails he sent that state this too). Can I claim the other child on my return based on the information I have provided here-in? We reside in Missouri.
Answer
this is really a decree and legal matter not tax. to get a dependency exemption, you need to pay half, and some med and braces does not likely make it to half. and if you did take the second child, he woudl surely take her too - resulting in a discrepancy and denial, but he would submit the divorce decree/settlement and would win. you would wind up paying the benefit you received for the second dependent back. not good.
divorce sucks. cant you reason with his attorney (i know that is impossible but try?) also go back to the judge and ask for enforcement.
keep working through the legal channels before you chop his head off. jk!
sorry not a tax outcome you wanted.
ps. i grew up in missery.. GO MIZZOU :)
MEdusa..
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