Cheryl J. Miller - Page 6




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            Permanent Orders to his 1993 and 1994 Federal income tax returns                           
            to document his entitlement to the dependency exemptions.                                  
                  Ms. Miller did not claim the dependency exemptions for the                           
            children on her 1993 and 1994 Federal income tax returns or on an                          
            amended return that she filed for 1993; however, Ms. Miller was                            
            granted leave to amend her petition in this case prior to trial                            
            to assert that she was entitled to claim the dependency                                    
            exemptions.4  Ms. Miller based her claim to the dependency                                 
            exemptions on a section of the Colorado Uniform Dissolution of                             
            Marriage Act (UDMA), which provides:  “A parent shall not be                               
            entitled to claim a child as a dependent if he or she has not                              
            paid all court-ordered child support for that year or if claiming                          
            the child as a dependent would not result in any tax benefit.”                             
            Colo. Rev. Stat. sec. 14-10-115 (14.5) (1998).  Ms. Miller                                 
            alleged that Mr. Lovejoy had failed to pay all court-ordered                               
            child support for 1993 and 1994 and that this failure entitled                             
            her to the dependency exemptions under Colorado law.                                       
                  At the conclusion of the trial, the parties were asked to                            
            brief the issue of whether the Permanent Orders qualified as a                             
            declaration signed by the custodial parent releasing the                                   



                  4Respondent also was granted leave to amend his answer in                            
            Mr. Lovejoy's case to assert protectively that Mr. Lovejoy was                             
            not entitled to claim the dependency exemptions for the children                           
            if Ms. Miller's claim to the dependency exemptions was upheld.                             





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