- 16 - case, such approval does not operate as a waiver of counsel’s objections to the terms of the order or the application of substantive law in the order). We believe that the signature of Ms. Miller’s attorney in this case merely signified that Ms. Miller’s attorney had reviewed and approved the form of the Permanent Orders while preserving Ms. Miller’s right to appeal from the rulings reflected in the Permanent Orders. See id. The signature requirement of section 152(e)(2) demands more than simply an acknowledgment regarding form; the signature of the custodial parent must confirm the custodial parent’s intention to release the dependency exemption to the noncustodial parent and signify her agreement not to claim the dependency exemption herself. The signature of Ms. Miller’s attorney approving the form of the Permanent Orders does not satisfy the mandate of section 152(e)(2).8 Is the Signature of the State Court Judge on the Permanent Orders Sufficient To Satisfy the Signature Requirement of Sec. 152(e)(2)? Mr. Lovejoy’s principal argument is that the Permanent Orders are sufficient to establish his entitlement to the dependency exemptions because the State court gave him the right to claim them on his tax returns. Ms. Miller and respondent 8Our conclusion is limited to the facts of this case. We do not decide whether there are any circumstances under which the signature of a custodial parent’s attorney can ever satisfy the signature requirement of sec. 152(e)(2).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011