Legal Question in Family Law in Arkansas

My divorce decree states that I can claim my daughter as a dependent, and my ex can claim my son. (I agreed to get the divorce done) The kids have always lived with me. My son turned 18 three years ago, and my ex took me to court to discontinue child support at that time, even though he was behind on child support. He's the dumbest smart guy in the world.

Well since then my son has been a full time college student, and the IRS states that whoever pays more than 50% of his living expenses can claim a college student on their taxes. My tax adviser told me I should start claiming him, as he lives with me when not in school, and he drives a car my new husband and I provide. We split college expenses evenly. My ex, and I both received a letter from the IRS saying someone else claimed my son. He is now threatening to sue me if I don't amend my returns for the last three years. He says since the divorce decree says he can claim my son, that there is no end to the time that he gets to claim him. I'm a little scared, as I don't have a lot of money for a lawyer, and he has plenty to try to make my life Hell, and he would enjoy that, just like he did during the divorce.


Asked on 5/21/15, 1:25 pm

1 Answer from Attorneys

R. J. Orintas, Sr. ORINTAS LAW FIRM

I think your best interests would be to return to Court or contact the IRS about your Claims/Expenses?

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Answered on 5/27/15, 4:35 am


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