Tax Exemption

[rainbow1]

Both parties in state of Wisconsin. Original divorce decree (1997) states exactly- The Petitioner (father) has the right to claim ***** (younger daughter) as a dependant and exemption on his returns for 1997 and in all future years.  (This was done because the parents did not marry until 1993 and the mother had taken the older daughter as an exemption every year. )                                                                                               The Respondent (mother) has the right to claim ***** (older daughter) as a dependant and exemption on her returns in 1997 and in all future years.                                                                                                   Older daughter turned 18 and graduated high school this year. Went in front of Family court commissioner for child support modification and she ordered that the father can now only take every other year and only if he pays over $9000.00 that year in child support. If he doesn't the mother gets it that year also.  Have requested a De Novo hearing.      1. Can a Family Court Commissioner ignore or rewite the original judge's order when it is worded this way?                                                2. Any chance the judge at the De Novo will reinstate the orginal order?  Thanks for any advice.

[rainbow1]

Both parties in state of Wisconsin. Original divorce decree (1997) states exactly- The Petitioner (father) has the right to claim ***** (younger daughter) as a dependant and exemption on his returns for 1997 and in all future years.  (This was done because the parents did not marry until 1993 and the mother had taken the older daughter as an exemption every year. )                                                                                               The Respondent (mother) has the right to claim ***** (older daughter) as a dependant and exemption on her returns in 1997 and in all future years.                                                                                                   Older daughter turned 18 and graduated high school this year. Went in front of Family court commissioner for child support modification and she ordered that the father can now only take every other year and only if he pays over $9000.00 that year in child support. If he doesn't the mother gets it that year also.  Have requested a De Novo hearing.      1. Can a Family Court Commissioner ignore or rewite the original judge's order when it is worded this way?                                                2. Any chance the judge at the De Novo will reinstate the orginal order?  Thanks for any advice.

[socrateaser]

>1. Can a Family Court Commissioner ignore or rewite the original judge's order when it is worded this way?

The general principle of family law judgments is that a court can only modify those portions of the judgment that could have been modified under the law existing at the time that the final judgment was originally made. Orders "in the nature of support" are always modifiable. I don't know the specifics of the WI support guidelines, but if WI law takes the parent's tax liabilities into account as part of any modification/award of guideline support, then the court has the authority to modify the award of the exemptions -- otherwise not.

>2. Any chance the judge at the De Novo will reinstate the orginal
>order?

I don't read tea leaves.