Legal Question in Family Law in Minnesota

Re: claiming my child on my income taxes every year

You need to make a motion to modify the order to give you the

dependency exemption. The court can order that you get the exemption

and direct the mother to sign a form turning the exemption over to

you. It seems to me that the dependency exemption is worthless to

her if she is receiving MFIP (government assitance).

Let us know if we can be of further assistance.

Please call Herb Kroon from our office if you have further questions.

Re: claiming my child on my income taxes every year

The Courtis unlikely to change the child care dependency exemption unless there has beena substantial change in circumstance since your last order. If there has been a change wherein you would derive the graeater benefit from claiming the child on your taxes, the Court may agree to modify that ruling. However, the Court will also redetermined the tax consequences and adjust your child support accordingly since you net income will increase with the additional deduction.

The modification is requested by filing a motion to modify the order to give you the dependency exemption.

If you have any questions call 952.746.2153 or visit online at http://www.divorceprofessionals.com