Motion to Deviate & Child Tax Exemption

by Nicole from Port St. Lucie, Florida, St. Lucie County

Motion to Deviate & Child Tax Exemption: Do I file a Motion To Deviate from Child Support if our net income is over $10,000? What does line #6 mean with the IRS part? Because I had to amend 3 years due to my ex claiming my 2 kids, when he was not supposed to!

Answer to Florida Child Support Question

Dear Nicole,

If your combined net monthly income is over $10,000. there is no amount shown on the child support guidelines worksheet chart above that.

The child support guidelines do not address incomes of that amount at all.

My suggestion is to research case law and find out how this is generally handled.

My guess is a percentage based in part by the amount of time-sharing.

Paragraph 6 of the Motion To Deviate form states the following.

6. ___Impact of IRS dependency exemption and waiver of that exemption

Check the IRS rules on this, www.irs.gov or call their taxpayer helpline to make sure. Many divorced parents alternate by year in claiming children as dependents.

Other divorced parents agree that each parent will each claim one child. Lacking an agreement to the contrary, my understanding is that the parent who provides at least half of the child's support; and the parent with whom the child lives at least six months of that tax year, may claim that child as a dependent.

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Our Self Help Guide, Modifying Child Support in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Child Support In Florida

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