Legal Question in Family Law in Washington

tax exemptions

Hi, I would like to modify my child support papers, so I would be provided with the tax exemptions. Currently, my ex-husband and I share them. We have three children, therefore, one year I claim two and he claims one. Then the next year we switch. I would like to know if I have grounds on which to change them do to the current situation. During the past two years, he has not exercised his rights as a father. I pay all extrodinary medical and dental costs. He only sees his children upon conveience when his mother has them over. Over the past two years he has taken them one time for the 48 hour overnight stay. I have missed an incredible amount of work, due to sick children. When I have asked him to help out, he won't. He does pay child support, because he gets garnished. It's never the full monthly amount though. I have the paperwork to modify my case, but I am not sure if my situation counts. Could you please let me know, since he is not exercising his right as a parent if I may be allowed the rights to all the tax exemptions. Thank you, Brandy


Asked on 5/22/02, 9:35 am

1 Answer from Attorneys
Andrew Hay Hay Law Firm

Re: tax exemptions

Your frustration is understandable.

There is a good chance you will be able to get the exemptions. The big question is whether the benefit is worth the cost. An average support modification is $750 to $1500. Assume a 40 percent chance of getting all exemptions and a 70 percent chance of getting two out of three every year (family law judges often "split the baby"). Is this expense justifiable to you? If so, then go ahead. If not, stick with the situation the way it is.

It is true that attorneys' fees can get out of hand, so you want to try to get a clear understanding of what your costs are going to be from the lawyer up front and in writing. The estimate I gave you is a reasonable range for modification. If you can't be assured by the lawyer of a reasonable chance of completing the modification for that cost, then try other lawyers. King and Thurston counties, however, may be more expensive.

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Answered on 5/22/02, 11:46 am


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