How likely is it for a court to change an order to grant me the tax deduction for mydaughter since I paid college expenses?

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How likely is it for a court to change an order to grant me the tax deduction for mydaughter since I paid college expenses?

Our divorce decree allows each of us the deduction every other year. I filed a motion to allow me to use the deduction for last year, considering the fact that only I paid for college expenses (and I plan to use the refund to pay college expenses this year). My ex has already filed her as a dependent but is willing to amend it – if I pay around $500 for what he would owe to the IRS. I would like to know my chances of having the court rule in favor of changing the order.

Asked on March 25, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, if you and your ex wife agree to the modification of the divorce decree and you are willing to pay for whatever the tax issue is that arises from the change, a court and a judge will not stand in your way.  The court would prefer that you and your ex work things out amicably and that you do not clog up the court system with motions.  So really I think that your chances here are very good provided that your wife puts in a response to your motion supporting it rather than opposing it.  Maybe you should discuss a permanent modification if you plan on continuing this for the remainder of her college years. Good luck to you.


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