Legal Question in Family Law in New York
Tax deductions/
My question is: If a previous divorce agreement states that one of three children are a tax deduction for a parent ( the mother) but the child several years later moves in with the other parent ( the father)Since Dec '05 who provides all the expenses can the parent who the child lives with( the father) claim the child as a deduction, especially when there was an agreement for no child support for either parent to pay due to the two older children already having moved out of the mothers house into the fathers house several years earlier and have been claimed as the fathers deductions for years?
1 Answer from Attorneys
How to Change the Divorce Stipulation.
The cange can be done only if the parties agree to the change in writing in the same manner as the original agreement, or if the party wanting the change goes to court and the court agrees.
Though it may not seem fair, the child's move was always a possibility and that should have been dealt with in the original agreement.
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