Tax ememption and modification of consent order

[becky]

Hello Soc,

State is NORTH CAROLINA

Consent Order signed Oct 1996. Gives both parents joint legal and physical custody of minor (every 3 day rotation). No child support to exchange hands. For various reasons, minor child has resided with mother (myself) since Feb 1997. Father did not provide support from 1997-2004.

CO states parents are to alternate years claiming child as tax exemption. Father has never claimed child as I have provided minor's support since Feb 1997.

I asked for CSEA intervention in June 2004 when it was evident that father did not wish to voluntarily help support minor child as had been discussed. Went to court in Oct 2004 to establish CS and father was ordered to provide CS on monthly basis to the CSEA. I voluntarily agreed to accept less than the worksheet recommended amount.

Now that father is paying CS, he believes that he should get the exemption for the years stipulated in CO. NC's support formulas take into consideration the payee receiving the tax ememption when support is calculated, meaning I should receive the exemption. Problem is we have this Consent Order, which states differently. I will be happy to provide exact wording if needed.

1. In order to be granted the tax exemption from a legal standpoint, would I need to file a motion to modifiy the Consent Order stating plaintiff (myself) is to receive the tax exemption yearly?

Thanks for any help you might be able to provide.

[socrateaser]

>1. In order to be granted the tax exemption from a legal
>standpoint, would I need to file a motion to modifiy the
>Consent Order stating plaintiff (myself) is to receive the tax
>exemption yearly?

Yes, you need to file to modify support on grounds that the current support order is calculated based upon your obtaining the exemption, and that the consent order no longer represents either the parties' former agreement and violates NC public policy.