Legal Question in Family Law in Texas

Question regarding IRS deduction

When my ex husband and I divorced in 2000 I agreed that he could have the IRS child deduction for my son that lived in my custody. He has been doing so since then. I talked with an attorney last year and she told me that since the child lives with me it didnt matter if the divorce decree stated he could take the deduction that it legally should go to me. Is that true? If so, can I legally go back and get the deductions from 2000 until now? How would I do so?


Asked on 1/10/05, 2:38 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Question regarding IRS deduction

While you have good grounds to get the deduction, you agreed otherwise. Thus, you need to hire an attorney and go to court and seek a modification of the previous court order. Based on the totality of circumstances surrounding you and your ex-husband, you may or may not get it. However, ex-husband gets it until the court orders otherwise.

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Answered on 1/10/05, 3:03 pm


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