Legal Question in Family Law in Alabama

Income Taxes

1. How long is a court order in effect?

2. Does a non-court appointed Legal Guardian's income factor into child support calculations?

3. As part of my final divorce decree, my ex-wife had custody and I had the exclusive right to claim the children for income tax purposes as long as I paid my child support obligations. Then my ex-wife's parents obtained custody of the children via an emergency situation. The custody or legal guardianship paperwork does not address who can claim the children on their taxes. Who has the right to claim them for tax purposes. I am current on child support obligations.

Asked on 3/30/04, 11:42 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Income Taxes

Court orders may be in effect for different periods of time. If you're referring to a child

support order, in Virginia the duty to support a child ends by operation of law when the child turns 18, thereby ending any order for support subject to this stautory termination----

unless by separate agreement the obligor(the payer)has agreed to continue the support while the child attends college or vocational school or

if the child is subject to a mental and/or physical handicap, the duty to support may continue indefinitely.

No, the income of legal guardians does not factor

into child support calculations under the Virginia guidelines.

You should be entitled to continue to claim the deduction for the children on your income taxes.

The fact that the maternal grandparents now have

obtained what sounds like temporary custody or

guardianship should have no effect on your right to clam this deduction.

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Answered on 3/31/04, 12:16 am

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