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    JSJOY's Avatar
    JSJOY Posts: 2, Reputation: 1
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    #1

    Jan 16, 2013, 09:46 AM
    My son's father past away in March of 2012, we had a court ordered agreement that he was allowed to claim our son on his income taxes every 3rd year as long as he was current on his child support. If he stopped paying for 30 days or more I could petition the court to revoke his right to claim my son. I am the custodial parent and always have been. Anyway, my son's father's widow is telling me because 2012 was his father's year to claim our son that when she files his return that she is allowed to claim my son. Is she correct or did the court order become void upon his death?
    JSJOY's Avatar
    JSJOY Posts: 2, Reputation: 1
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    #2

    Jan 16, 2013, 09:49 AM
    Question about tax rights after the death of a Non-Custodial Parent
    My son's father past away in March of 2012, we had a court ordered agreement that he was allowed to claim our son on his income taxes every 3rd year as long as he was current on his child support. If he stopped paying for 30 days or more I could petition the court to revoke his right to claim my son. I am the custodial parent and always have been. Anyway, my son's father's widow is telling me because 2012 was his father's year to claim our son that when she files his return that she is allowed to claim my son. Is she correct or did the court order become void upon his death?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 16, 2013, 10:33 AM
    Which State?

    Under Federal guidelines the agreement died with him. It's a matter of who provided the most support.

    (His widow sounds just charming - tongue firmly in cheek).
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jan 16, 2013, 10:35 AM
    Did you get support for all of 2012?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jan 16, 2013, 02:22 PM
    The court order expired when he passed away. If she wants to claim the child then ask her for child support for the child between the months of April through December. Im sure she will insist that it wasn't hers to pay.

    Had he lived longer through the year there may be a valid argument at least morally for her to take the deduction. But for the remainder of the year it is a callous decision.
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