I was divorced in 2005. I agreed on 50/50 joint custody. We each were to claim one child on our tax return each year, according to our divorce paperwork. My ex moved 2 years ago. I have the kids, I pay for all the medical. I tried to go through the courts to modify the exsisting court order before he moved, but he left sooner. I called the court about the child tax information , and they told me to call the IRS. The IRS said it didn't matter what my divorce decree said, because the child resides with me over 320 days of the year. I'm am trying to modify everything in the court now, and my ex is threatening me. He said I will have to pay him back. I have a terminal illness, my children do not want to live with their father at all. Is this true? Will I not be able to modify cust
Divorce / Separation Lawyer
If your ex is threatening you when you discuss this with him, stop discussing it with him.
Custody (now called "Legal Decision Making Authority") will likely not be modified.
Parenting Time, the time children are with each parent will likely be modified.
You need to file a Petition to Modify Parenting Time and Child Support. His decision to move away made the 50/50 Parenting Time unworkable two years ago. Based on your statements here, it is highly unlikely that he could prevail if he contests your paperwork.
Once Parenting Time is resolved, the court will recalculate the child support and readdress the issue of the tax deduction.
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Family Law Attorney
You may not be able to modify legal decision making, but you will be able to modify parenting time as your ex is no longer able to have the children for fifty percent of the time. In addition, the IRS determines who is entitled to the deductions, regardless of what is in the decree. It sounds like you have a lot on your plate right now and would benefit from advice of counsel.
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