Legal Question in Family Law in Kentucky
Past mediation agreement
Two years ago my son's father lost all of his parental rights and the judge awarded me full custody. Five years ago we had a mediation agreement that consisted of joint custody. Part of the agreement also stated that we would alternate years that we claimed my son for taxes. My son's father is $7000 behind in child support but in the last month I have started getting child support. My question is: Is the past mediation agreement in place since circumstances have changed in custody rights? Also, how does that play out with my claiming my son for tax purposes? Do I still need to rotate years?
1 Answer from Attorneys
Re: Past mediation agreement
I am not sure what you mean by "lost all of his parental rights". That should mean there was a proceeding in court to involuntarily terminate parental rights so that your child could be adopted by a stepfather. However, I am doubtful that is what you mean. If the father only lost "custody" then he still has "parental rights" and the mediated agreement still stands regarding the claiming of tax credit.
If he actually lost "parental rights" then he would not continue to accrue child support obligations and so he would not be able to claim his son as a dependent on his taxes.
Since it is unclear, you may want to consult with a family law practitioner regarding the specifics.
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