Legal Question in Family Law in Minnesota

I am the legal custodial parent of my 2 children. I agreed with their father back when we were divorced in 1999 to allow him to claim both children as his deductions on his taxes. Since then I have regretted my decision. I am employed and have not been able to claim either child-who lives with me full time- as a deduction. I have asked my ex on two occasions to allow me to claim one child on my taxes and he refuses to answer my letters. He does see the children two weekends each month. However, they live with me and even when he does see them it is usually for much less time than what is in the decree. Back when I was going through this divorce I didn't fight this because I didn't think it was unusual for a father who pays child support to claim the kids on his taxes. I was told by my tax preparer that this is not common and I should go to court and ask for either one or both children to be my deductions since he has had that luxury for 10 years now. What are my chances? Do you think a judge would allow me to make this change after it was part of the divorce decree?Type your question here...


Asked on 10/14/09, 11:25 am

1 Answer from Attorneys

Vincent Martin Cundy & Martin, LLC

You may call Cynthia Miller at our office at 952-746-4111. She is a family law attorney who would be happy to speak with you.

www.cundyandmartin.com

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Answered on 10/21/09, 12:11 pm


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