Legal Question in Family Law in Ohio

Divorce Agreement vs. Taxes

Hello:

In my divorce agreement it states that my ex-husband my claim my daughter on the odd years of taxes, he is able to claim her for last year taxes, but, I only received Child Support for approximately 3 mths out of the year. Is he still able to claim her even though he has not supported her for 6 mths out of the year?


Asked on 1/23/02, 7:45 pm

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Divorce Agreement vs. Taxes

You must look to the entry of divorce. If there are no conditions to his getting the exemption every other year then there he will get the exemption regardless.

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Answered on 1/27/02, 11:41 am
Frank Rozanc Frank J. Rozanc, Esq.

Re: Divorce Agreement vs. Taxes

Depends on what the order says. I try to write language that will not permit use of the deduction by the nonresidential parent if he is delinquent in his support.

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Answered on 1/25/02, 12:49 pm


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