Legal Question in Family Law in Florida
I am divorced. In the divorce decree it says my ex husband can claim my oldest son on All tax returns. He is now 20 and in college. Both of my son's live with me and have since the divorce despite a 50/50 shared custody agreement that my ex insisted upon, but does not follow. Both of my son's live with me full-time. He would not allow me to claim him this year, or any year based on the divorce decree. Does he have legal right? As the tax laws are in favor of the parent where the children reside.
2 Answers from Attorneys
Cannot speculate on this due to lack of information. Have the Final Judgment reviewed by an attorney immediately. Most have language that ends the court jurisdiction when the child emancipates ( graduates from High School, turns 19).
Too gray to make a decision. Need to review your decree. Unless it states that child support continues while the child is in college - he may have a point in claiming. However, I would file a modification because if he has not had the children during the 50/50 he should have been paying child support as you carried the majority load of feeding clothing housing etc. I would ask for the back child support based on that issue.
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