Legal Question in Family Law in Michigan

I am custodial parent in Michigan (now remarried) with a 9 year old. I was given the tax exemption when the divorce was final by the judge. Now after 9 years the other parent wants the tax exemption. Today I went to court on this matter and before going before a new Judge, we had to meet with FOC referee. The Referee told me he had the athority to take this exeption from me and give it to the other parent. Last year I had minor child 340 days out of the year. This year I will have minor child for 290 days of the year. The referee also stated because my gross income is less than other he could award it to other parent. Please note my combined income with my current husband we file jointly is more than other parents. Please advice

Asked on 3/21/12, 4:19 pm

1 Answer from Attorneys

Stuart Collis Collis & Griffor, PC

I do not believe a referee has the authority to change an exemption without the consent of the parties or a change in custody. It is possible, however, depending on the child support formula that you could be required to pay child support to the non-custodial parent. However, there would have to be a rather large disparity in income for that to occur. I would strongly advise consulting with an experienced family law attorney to handle these matters. I can be reached at http:://

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Answered on 3/22/12, 5:12 pm

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