Georgia  |  Family Law

Legal Question

Asked on: 4/11/05, 2:29 pm

Age Limit for Non-Custodial parent to use children as deduction

As per our divorce degree in 1993, my ex-husband has been allowed to use our children (twins) as a tax deduction each year (I am the custodial parent and have sole custody). Well, the children turn 18 this year and he will no longer be required to pay child support. They will still have one year of high school left My question is: After he stops paying child support in July, can I then take them as a tax deduction for the remaining years they are eligible to be used as deductions (full time students, etc.)? Just FYI - he pays $240/child. When he stopped paying child support for our daughter, who is a senior in college, he never contributed anything monetarily towards her college expenses. She has been totally dependent on me for the last five years and I am sure after the twins are 18, he will be the same way with them. It will be up to me to also put them through college. Being able to take the children as a deduction (I take my daughter now as per an agreement with my ex-husband about six years ago)would be a tremendous help at tax time. If I have to get an attorney for this, I will. Thanks.

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