Legal Question in Family Law in Minnesota
Does the new decree override the new old decree
My wife is divorced. They have joint custody of their 2 children. He was caught dwi child endangerment hit and run. She has temporary sole physical custody the kids have lived with us for the past year and a half. In the first decree it was stated that he can claim the kids on his tax return. We pay all medical bills dentist all activities at school. He does pay child support , but very little. My question is since the children have been staying with us are we allowed to claim them in the future. We had to go back to court for the new decree, but this one does not say anything about tax
exemptions for either one of the partys would we get into trouble if we did file?
Thank You
Gerry and Shelly
(we hope you can direct us in the right direction)
1 Answer from Attorneys
Re: Does the new decree override the new old decree
If the order regarding custody did not address the issue of the dependency exemptions, the previous provision remains in effect. You would be in contemnpt if you claimed the deduction. The matter must be returned to Court on a motion to address that issue.
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