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Claiming children after original divorce decrees have been alteredMy husband & I divorced in 2001 and originally shared the children and each claimed two of them on our taxes (our original agreement declared he would claim the boys). In 2003 I went back to court and have them all full time although he retained his joint-guardianship for decision making. The past few years I have filled out a form giving my permission for him to claim our youngest but have bigger financial needs coming up this year...do I have to fill this form out and allow him to claim our youngest son or can I claim him this year? I live in Colorado and he lives in Wisconsin. Attorney answers (1)
Reputation Level 12
Answered about 3 years ago.
Divorce / Separation Lawyer in Boulder, CO.
You should follow the Court Order until/unless it is changed. In Colorado, the statute provides that the parents should share the dependency exemption in proportion to their respective contributions toward the children's expenses. This usually is in accord with their respective incomes. If you feel that you should be able to claim more than half of the children, you should file a Motion with the Court to change the Order.
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