| Use/Non-Use of Dependency Exemption
What is the name of your state?What is the name of your state? Ohio
I've found myself with a bit of an issue for 2004 taxes. I am the Custodial Parent, my ex only has visitation.
My divorce decree was poorly written in 2001 when it came to the tax issues.
It states that my ex can take our youngest child and I would take the older child, when he became current in child support. It failed to address the issue of when the oldest child reaches 18, which she now has. Since he had been seriously delinquent in child support it hadn't been an issue until this year when the he finally caught up at the end of September.
He's informed me that he's taking the deduction for our youngest even though he only has an income of $7200.00. Since the child lived with me the entire year he can't claim EIC, he doesn't own a home but rather lives with his mother so I'm not sure that he can claim "head of household" either.
At our last child support review he showed an income of $7200.00 or less for every year since 2001 and did not have his taxes from 01-03 filed yet. Now he says they have been filed, and he owes some money from 01, and thats why he needs the deduction(?).
He also cashed out a small 401k that was awarded to me in the divorce.
I alone am funding our older childs college education, and am taking the deductions for that and I have also remarried. Without the deduction of my younger child, it will also hurt on the FAFSA application.
I'm finding the current articles regarding the Use/Non-Use of Dependency Exemption rather confusing.
I realize a trip back to court to straighten this out is going to have to happen, but is the judge likely to change the original order and do I have ANY chance of getting the deduction for 2004.
Thank you! | 
02-02-2005, 11:59 AM
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