Legal Question in Family Law in Minnesota
Divorce Decree, Which of the two is correct
My wife and her ex have/had joint custody since the divorce. We are in court now, he got a dwi and his visatation has been suspended. We've had the kids for over 1 year and a half. In the first decree it was stated that he was able to claim the kids for taxes. Our friends have told us that we should have been able to claim them for the six months that they were living with us. They are living with us now, will we be able to claim the kids next year since they are with us. This new decree has my wife as sole custody untill we resolve this matter What we are asking is does the old decree, is it still in effect, or does this new decree override the old one, to where can claim the children as dependents we have proof that they live with us, we dont want problems witn the irs. Also will we be able to get the money paid to the laywer back from her ex since we had to take him to court.
1 Answer from Attorneys
Re: Divorce Decree, Which of the two is correct
If the decree allows the other parent to cllaim the children on taxes, that may only be changed by bringing a motion and seeking a new order