Legal Question in Family Law in Iowa
a contract to be entitled to claim child on income taxes
My Ex-husband is making me do a paternity test but i agreed to the testing if he would let me claim one child for income taxes, the agreement goes if i submit both children for dna testing and have the test done in return i get to claim one child.....i didnt make both the children do it so do i still get to claim the one child next tax year?
the agreement says both , but only one did the test, is this order anygood to stand up ?
Thank You
1 Answer from Attorneys
Re: a contract to be entitled to claim child on income taxes
Your ex-husband could never force you to take a paternity test under the facts you have supplied and I would put tht issue aside unless you have not already obtained a divorce involving the child at issue.
Your question goes to the marital agreement that permits you to claim both children for dependency exemptions, if there is a court order on your agreement then he cannot force you to deviate from the agreement. Furthermore, agaain assuming there is a final judgment or other order enforcing your agreement with im, he would likely not be able to modify that portion of the agreement.
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