Amendment to divorce regarding taxes (depen. children)


Asking for a friend.

When her and her ex divorced they had two small children and it was put into her divorce that they would each claim a child on their taxes. No problem … right … wrong

Anyway, her ex got into a lot of trouble with the law and has for the past year (after getting out of jail) been living in Ohio with his parents.

She has custody of her son (her ex rarely gives her money and yes, she has filed to try and get that) … her daughter is 18 turning 19 and started a job back in March I think …

anyway, she always claimed the daughter but I am not sure she is able to do that when she files in January (daughter is wanting to file herself). However, having full custody of her son (he is 15) and her ex not being able to pay cs and living in another state it seems like she could do some type of amendment where she can claim her son on her taxes?

Can anyone point her in the right direction - she can download a form I hope and fill it out even if she needs to go to an attorney and have them sign it and file it for her - but she needs to do this asap I believe. She should have done it when he was incarcerated …

Thank you in advance!


She will have to move to modify the original decree that allows her ex to claim the younger child.


So she’ll have to go to an attorney and say I need to move to modify a change - sorry new at all this (not good with legal jargon et al) Thanks in advance for your help with this. Just not sure how to start the process (guess not all things are forms you can do yourself but that’s okay)


Yes, she will need to file a motion to modify child support based on the substantial change in circumstances of her ex being incarcerated, and losing his job. It does not benefit a parent who is not working to claim the exemption.