Legal Question in Family Law in New York

Understanding what is written in stipulation

In divorce decree, this was written, ''The parties have heretofore filed certain joint income tax returns. Until such time as the Defendant's income exceeds $25,000, Plaintiff shall be entitled to claim the Child as an exemption on her tax returns.'' It doesn't state who can claim child after income exceeds $25,000. Is this correct? We cannot assume that Defendant has the right to claim child.


Asked on 5/15/09, 8:49 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Understanding what is written in stipulation

The document speaks for itself.

However, if the document does not indicate the individual that is to file the exemption, the exemption goes to the custodial parent.

Mike.

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Answered on 5/15/09, 9:10 am


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