Dallas, TX asked in Family Law and Tax Law for Texas

Q: How do I go about getting custody papers changed regarding claiming all the children as dependents on taxes?

The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.

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1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Dallas, TX
  • Licensed in Texas

A: If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and substantial change" in the circumstances of the parties to warrant a modification. What those circumstances are depends on your specific situation.

Additionally, although language can be in a court order that directs who is able to claim children as dependents, federal tax law typically governs these situations. I would suggest that you speak with a Tax Accountant or Tax Attorney to discuss what your rights and/or options are in this situation.

I hope this information helps. Good luck to you!!

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