Legal Question in Family Law in New Jersey
claiming a child as a dependent
My husband and I have 2 children and divorced in 1990. At that time, we had joint custody, and we agreed to each claim one of our children; the divorce agreement states that he claims our daughter and I claim our son. My daughter turned 18 in 2008 and has chosen not to live with him since that time. She sees him occasionally, but does not sleep at his home overnight. (She is a freshman in college and lives on campus.) Does he still have the right to claim her as a dependent if there is no longer joint custody? He pays $50 a week for child support. This was the amount determined in 1990. We have never returned to court since the original divorce was filed.
1 Answer from Attorneys
Re: claiming a child as a dependent
Claiming a dependent in most Divorce Agreements is based on financial support, not residency. You have to see how this was done in your case. If support never increased, that is because you never took him back to court.
What does your agreement say about college expenses?
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