Legal Question in Family Law in Minnesota

child tax deductions

Me and my ex divorced 2 years ago, after 23 years. I was a at home mom most of that time and had 5 kids. Without me having a attorney, my ex, changed what we talked about, with the tax exemptions, and now he filed taxes claiming all 4 deductions. (the other child is over 18). I went with what he dicussed originally, and that was that he got 2 exemptions and I got 2 exemptions. How can I take him to court to have this changed? also, child support that I have not gotten increased, even though he has had alot of pay increases?


Asked on 12/06/07, 2:17 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: child tax deductions

It makes sense for the parent who is working and has the greater income to take the tax exemption, but this should have been spelled out in your final orders. Your ex cannot change the final orders, only the judge can.

That you didn't have an attorney isn't a good excuse. The court presumes you can represent yourself if you don't have a lawyer.

If you didn't write an automatic increase into the final support order, then you have to file for a modification or adjustment based on the kid's increases in age.

In that petition, you *may* be able to address the tax exemptions.

Hope this helps. Elizabeth Powell

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Answered on 12/06/07, 2:26 pm


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