Shifting the dependent deductions


Does anyone have any information on this? We just need to know what kind of motion to file to get the judge to evaluate whether 2 of the deductions could be restored to the non-custodial parent. The order currently states that the deductions go to the custodial parent. We are seeking a change to that paragraph. I understand the Federal law gives them to the custodial parent but I also understand there is an IRS form that can be exectued annually to sign some or all of them over to the non-custodical parent when the custodial parent’s income isn’t substantial enough to take advantage of the deductions. We have to expedite this if we hope to have the matter resolved before tax season. Thanks to anyone that can tell us how to handle it!


Dear kmchaos:

Greetings. You definitely need to file a motion to request this. I would say that you need to file a Motion in the Cause. I would file it under the child support file. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


The final order gave the ex-wife all 4 deductions.

A review of her tax returns for the last 2 years shows that, because of her income and deductions (both stable), she only benefits from the first 2 - the others aren’t making a difference in her tax liability. (We had a CPA reviewed her taxes.) By comparison, without the 2 deductions he used to have under the Separation Agreement, my husband owed several thousand dollars this year. (He and I were advised to keep our finances separate when we got married because of the anticipated on-going issues with his ex-wife).

What type of motion has to be filed (in Wake County) to request that the ex-wife be ordered to sign over the other two deductions? Is it handled by the judge that issued the custody order or can it be handled by, as we refer to her, the money judge who handles modifications of support(Salisbury or Ruth :slight_smile: )? Is this something they would agree expedite to get it resolved for the current year?

Thank you for your kind assistance!