- 2 - The sole issue is whether petitioner is entitled to claim two dependency exemptions for her children. Petitioner resided in Boise, Idaho, at the time she filed her petition with this Court. Background The facts may be summarized as follows. Prior to 1984, petitioner was married to Gary Broughton (Gary), and two children, Cacy and Matthew, were born of the marriage. In 1984, petitioner and Gary were divorced. Pursuant to the divorce agreement, which was incorporated into the final decree dissolving the marriage, Gary would pay $250 per month for each child as child support. Petitioner was given physical custody of the children. The agreement further provided in paragraph 18 that Gary "shall be allowed the exemption for both State and Federal tax returns for the minor children for the year 1984, and each tax year thereafter." In 1987, Cacy was injured in an automobile accident. On June 9, 1987, the Decree of Divorce was modified to provide that Gary would maintain major medical and dental insurance policies for the children and that all medical and dental expenses incurred by the minor children but not covered by insurance shall be split equally between the parties and each party shall be 50% obligated on said debit. In addition, the Defendant [Gary] agrees to be responsible for � of any medical expenses incurred by the minor child, Cacy as a result of her accident in January 1987, that are not covered by insurance. Paragraph 18, relating to the tax exemptions, was not modified.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011