Divorce Decree Expiration?

[dmccall7]

What is the name of your state (only U.S. law)? Indiana

I have a divorce decree that states tax consequences only until my oldest child turned 18, and then says that it is to be revisited. I have 4 other children. Am I legally bound to continue to do what the divorce degree states if I don't have the money to have it redrawn in court, or can Ifollow the laws as they would be if there were no decree in place at all?

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

I have a divorce decree that states tax consequences only until my oldest child turned 18, and then says that it is to be revisited. I have 4 other children. Am I legally bound to continue to do what the divorce degree states if I don't have the money to have it redrawn in court, or can Ifollow the laws as they would be if there were no decree in place at all?

Please copy the part of the decree you are asking about, word for word, here (leaving out names) so we can see exactly what it says.

 

[mistoffolees]

Please copy the part of the decree you are asking about, word for word, here (leaving out names) so we can see exactly what it says.

That's true. However, if the decree specifically says that it is only in effect until the child is 18, then after the child turns 18, they would have to follow IRS rules unless Dad and Mom agree to something different and exchange 8332 forms accordingly.

 

[dmccall7]

Please copy the part of the decree you are asking about, word for word, here (leaving out names) so we can see exactly what it says.

It states,"Father shall have the right to claim the two youngest children as tax dependents each year and Mother shall have the right to claim the two eldest children each year. This will be re-evaluated when the eldest child turns 18 years old".

 

[mistoffolees]

It states,"Father shall have the right to claim the two youngest children as tax dependents each year and Mother shall have the right to claim the two eldest children each year. This will be re-evaluated when the eldest child turns 18 years old".

In that case, father continues to have the right to claim the two youngest each year and mother can claim the two oldest - until the court changes the order.

To do it right, CP would have to sign an 8332 form for the two kids that s/he isn't claiming, although as long as both parents don't try to claim the same child, it probably won't matter.

 

[dmccall7]

The issue is that the oldest child is now 19 and no longer at home and the other is 17 this year, meaning there is no child tax credit for him. This is why this was to be revised at this time.

 

[dmccall7]

The issue is that the oldest child is now 19 and no longer at home and the other is 17 this year, meaning there is no child tax credit for him. This is why this was to be revised at this time.

 

[mistoffolees]

The issue is that the oldest child is now 19 and no longer at home and the other is 17 this year, meaning there is no child tax credit for him. This is why this was to be revised at this time.

It says that it can be re-addressed and you can do so.

Until then, the existing order remains in effect.

 

[LdiJ]

It says that it can be re-addressed and you can do so.

Until then, the existing order remains in effect.

And, when you revisit it, you should probably make sure that the order addresses what exactly is to happen as each remaining child ages out...so you don't have to continue to revisit it every time a child ages out.