- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011