Legal Question in Family Law in Minnesota
Tax exemption for college student of divorce
My ex-husband stopped paying child support at the end of May for my daughter (age 18) who graduated from high school. Our divorce decree states that upon emancipation of our daughter, we would alternate claiming our son as a tax dependency exemption. As our daugther is a full time college student, she is still eligible to be claimed as a dependant on our taxes. He is arguing that he is still claiming her for tax year 2007 (I would still claim our son). He did pay for half of her fall semester tuition but I paid for many additional expenses including the other half of tuition. Who has legal rights to claim her for 2007? He has also said he will no longer be paying half of tuition for this school year. Is he in any way eligible to claim her for 2008 if he is not paying at least half of her expenses? Thank you!
1 Answer from Attorneys
Re: Tax exemption for college student of divorce
If the court order does not address the tax deduction after the age of emancipation, the right to claim that child would depend on the federal tax laws.
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