Legal Question in Family Law in Indiana

I am the custodial parent (mother) of my child. My ex-husband has claimed her on his taxes since birth. (She is 11 now) Last year he lost his job and my husband added her to our insurance. HIs insurance provider said the only way he could claim his step-daughter was if she was on our tax return as a dependent. My ex agreed to let her be on our insurance and to claim her. In our original divorce decree is was said that I could not claim her unless I carried a full time job. I was in college at the time. I remarried while in college. I decided to be a stay at home mother and have never worked full time, thus, my ex has always clamied her until last year. My question is. All of the sudden he got a new job and is demanding that I switch her back to his new insurance and not claim her this year. Can he do that? My husband is her main supporter. He has been since she was 4. He pays for everything. My ex pays for no extras....just child support. Isn't it time that we be able to claim her and keep her on our insurance that has not changed since my husband started his job 21 years ago?


Asked on 1/11/11, 5:04 pm

1 Answer from Attorneys

You may be able to modify the decree. However, as a general rule, the courts tend to alternate the exemption, so you need to decide whether the cost involved in a modification is worth the return.

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Answered on 1/17/11, 5:22 pm


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