If my divorce agreement gives my ex and I alternate tax years to claim kids as dependents, what circumstances would void this?

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If my divorce agreement gives my ex and I alternate tax years to claim kids as dependents, what circumstances would void this?

Although our divorce settlement was based on ex taking physical custody every other weekend, I have had physical custody 365 days over past year (actually, he has never provided shelter or food outside of child support). If he does not fulfill his obligation as per settlement, can I claim children as dependents on his year?

Asked on March 27, 2011 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

You seem to be in a very uncomfortable position.  I would not advise you to just claim the children on your taxes if this is not your year.  You need to go to court to ask for a modification of your agreement.  You need a change in circumstances to apply for a modification before the court.  If your ex is not living up to his end of the agreement then you have a good shot at the modification. It is cutting it close to April 15th here but if the court does grant it then you will both have to re-do your taxes.  Get some help with this.  Good luck.


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