Legal Question in Family Law in Louisiana

joint custody and claiming dependents

I have joint custody of 2 minor children, but ex is domiciliary parent. in divorce decree (2000) it is written that ''without regard to the actual allocation of custody under the varying terms of this agreement, the father(me) shall be permitted'' to claim the children as a deduction for income tax purposes and the mother shall be entitled to claim them for earned income credit purposes.

In 2004 we went back to court to change the visitation schedule some and saw a mediator and got everything worked out without having to go before a judge. Our Joint Stipulation and Consent Judgement from 2004 never mentions tax or dependency status, nor was it brought up at that time.

So, if it was not even mentioned, much less ''changed'', does that mean that we revert to the original decree and i still claim them as dependents and she still claims for EIC purposes. i.e. does info not brought up in the judgement revert back to the old judgement?

thank you


Asked on 4/26/08, 6:12 pm

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: joint custody and claiming dependents

Yes.

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Answered on 4/26/08, 6:25 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: joint custody and claiming dependents

Yes, it reverts to the old judgment. However, I am concerned that each of you are granted the right to claim the children for income tax purposes. I am no accountant, but it seems that that fact may be a violation of the tax code.

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Answered on 4/28/08, 8:42 am


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