Legal Question in Family Law in Texas

IRS Dependent Deduction
My husband's ex is attempting to take away the IRS dependent deduction that was granted to him in the original decree as long as he pays the ordered child support. There has been one temporary change to decrease the amount due to unemployment and two permanent orders to increase the $ amount once employment was found. He has paid the monthly child support as directed. On the admendment orders there is a paragraph that states ''Unless specifically granted in this order the item is denied.'' The ex is using this to go to court to take the IRS deduction away from us because it wasn't specifically requested to be continued. My Husband filed with the court to decrease the monthly amount 13 months after his severance (severance pkg was for 8 months) He then voluntarily went to court to increase the monthly amount when he found employment as a teacher. He voluntarily went to court again to have the monthly amount increased when higher paying employment was found.
Does she have a case? Can she do this?

Asked on 1/30/04, 1:54 pm

Fran Brochstein Attorney & Mediator

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Re: IRS Dependent Deduction

Yes she can ask for the IRS deduction.

Good luck!

Fran Brochstein

www.familylaw4u.com

Answered on 1/30/04, 3:35 pm

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