Legal Question in Family Law in Texas
My ex-husband and I were divorced May of 2012 and in our divorce decree it says, " The mother will file the tax exemption for the child on even numbered years and the father will file the tax exemption for the child on odd numbered years." I feel that its my year to claim her and my ex-husband feels that it is his year to claim her. Who's year is it to claim her?
2 Answers from Attorneys
I am sorry that the decree is confusing and vague, but generally speaking, the years refer to the calendar tax year in question, not the date of filing. I would think that for the tax year of 2012, being filed in the year 2013, the exemption would go to mother; and I would think that in a Motion for Clarification the court would rule the same way.
I agree - it should mean the tax year for which the return is filed.
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