Legal Question in Family Law in Texas

My ex-husband and I were divorced May of 2012 and in our divorce decree it says, " The mother will file the tax exemption for the child on even numbered years and the father will file the tax exemption for the child on odd numbered years." I feel that its my year to claim her and my ex-husband feels that it is his year to claim her. Who's year is it to claim her?


Asked on 2/14/13, 1:41 pm

2 Answers from Attorneys
TC Langford Langford Law Office

I am sorry that the decree is confusing and vague, but generally speaking, the years refer to the calendar tax year in question, not the date of filing. I would think that for the tax year of 2012, being filed in the year 2013, the exemption would go to mother; and I would think that in a Motion for Clarification the court would rule the same way.

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Answered on 2/14/13, 1:55 pm
Robert Perez Perez Law Office, PLLC

I agree - it should mean the tax year for which the return is filed.

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Answered on 2/14/13, 2:25 pm


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