Legal Question in Family Law in Ohio
reversing a divorce ruling
In my divorce settlement my husband was allowed to cliam one child every other year on his taxes. My children are 18 and 21 years old. They reside with me always have and I pay all expenses. He contributes nothing to their upbringing - hisUnion provides their hospitalization while they are in college. I want to reverse the court-order so that I may claim them both on my taxes since I provide all their support and pay for thier college tuition.
1 Answer from Attorneys
Re: reversing a divorce ruling
Once the children turn 18 the domestic relations court no longer has jurisdiction. One has to look to the separation agreement or entry to see when the responsibility of child support ends. Once the obligation of child support ends, one then looks to the tax law in that whoever pays 50% or mre of their support gets the exemption. As far as previous years, I doubt that the Court will modify the entry retroactively.
Please feel free to call me if you want at 330-762-1199.
Thanks,
Gregg Manes