Adams-Smyrichinsky v. Smyrichinsky
Annotate this CaseAn Indiana court entered a decree dissolving the marriage of Mother and Father. The parties then entered into an agreed order signed by the Indiana court resolving property matters, including tax exemptions for the parties’ children, that had not previously been decided. Mother and the children subsequently moved to Kentucky, followed by Father. A Kentucky family court later altered the duration of the original child support order and modified the award made by the Indiana court of the federal dependent-child tax exemption. The Court of Appeals affirmed, concluding that the family court had authority to take these actions under the Uniform Instate Family Support Act. The Supreme Court reversed, holding (1) the duration of a support award is not modifiable; and (2) awarding a tax exemption as part of a support order is modifiable, but further awards of the tax exemption require finding an actual nexus to support of the child, which the trial court did not do in this case.
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