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medical, dental, and pharmaceutical expenses not covered by
petitioner’s insurance. The May 23, 1989, order also provided that
(a) for 1989 and for alternate years thereafter, Mr. Harbin could
claim two of the three children as dependents on his income tax
returns, and (b) for 1990 and for alternate years thereafter,
petitioner could claim two of the three children as dependents on
her income tax returns, “continuing until the oldest child attains
majority”.2 Petitioner and Mr. Harbin claimed dependency
exemptions for Nicholas and Jason for the respective years as
provided in the May 23, 1989, order. Neither claimed a dependency
exemption for Cassandra.
The children lived with petitioner until February/March 1993,
when the children began residing with Mr. Harbin. On May 21, 1993,
the Family Court held a hearing with regard to a motion for
temporary relief filed by Mr. Harbin on April 27, 1993. At that
hearing, petitioner agreed that it would be in the children’s best
interests for Mr. Harbin to have custody of them. On May 26, 1993,
the Family Court issued an order (the May 26, 1993, order) that
stated:
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED:
1. The Plaintiff [Mr. Harbin] is granted custody of
Cassandra * * *, Nicholas * * *, and Jason * * *.
* * * * * * *
2 Cassandra, the eldest child, attained majority age of
18 on July 23, 1996.
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