Legal Question in Family Law in Minnesota

I share custody of my daughter with my ex-husband. I have custody 9 months of the year and he has custody 3 months. It is stated in our divorce decree that he provide health insurance for our daughter. It also states that we will alternate years claiming our daughter as a deduction on our tax returns. He is newly married and his new wife will be providing health insurance benefits for our daughter. She has stated that she "will need to include Ava(daughter) as a deductible in our tax returns in order to provide her with health insurance." This is my year to claim her. Can they deviate from the divorce decree in regards to alternating tax years? Is claiming of a dependent required to secure health insurance for a non custodial parent?


Asked on 12/02/16, 5:52 am

1 Answer from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. It appears that the core question which should be documented and verified is whether this step parent must actually be providing support to your child such that your child may lawfully, correctly/properly, be deemed a dependent of this step parent. Of course the last thing you would want to do is engage in any wrongful conduct, fraud. I urge you simply obtain documentation.

Then, as to any 'divorce decree' issue, I urge you to carefully choose a qualified & well exp'd att'y to assist with any desire or need to seek modification of the existing terms. Hereto, the last thing you would want to do is violate any federal laws.

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Answered on 12/02/16, 8:43 am


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