On October 31, 2016 a
Order
was filed
for Custody
in the District Court of Hennepin County.
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27-FA-16-7554
Filed in Fourth Judicial District Court
8/8/2018 4:24 PM
Hennepin County, MN
'
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In Re the Matter of: Court File No‘ 27—FA-16—7554
De’Andre Antonio McKenzie,
Petitioner, ORDER DENYING MOTION
and
Philexia D. Davis,
Respondent.
This matter came administratively before the Court on August 8, 2018.
Based on the record, together with the arguments of the parties, the Court makes
the following:
FINDINGS OF FACT
1. The parties are the parents oan’layha Ora Marie McKenzie, born
December 3 1, 2015.
2. Pursuant to an Order (“J&D”) entered February 15, 2017, the parties have
joint legal and joint physical custody of Aa’llayha. The J&D granted Ms. Davis the right
to claim the dependency exemption for Aa’layha until Mr. McKenzie either became
employed or started paying child—support.
3. On August 7, 2018, Mr. McKenzie filed a motion requesting he be allowed
t0 claim the dependency exemption every other year. The motion is frivolous and must
be denied for at least two reasons.
27-FA-16-7554
Filed in Fourth Judicial District Court
8/8/2018 4:24 PM
Hennepin County, MN
4. First, the J&D clearly states that Mr. McKenzie may request that the Court
reconsider the allocation 0f the dependency exemption if he becomes employed 0r begins
paying child support. He has not paid child support since the J&D. He does not allege
that he is now employed. If he is, the parties Will retum t0 Court and he will be ordered
to pay child support.
5. Second, the federal tax law has eliminated the dependency exemption,
making this issue moot. If the dependency exemption is reinstated in the future, Mr.
McKenzie can raise the issue then, provided he is either employed or paying child
support.
ORDER
1. Mr. McKenzie’s motion is DENIED; and
2. The September 21, 2018 hearing on Mr. McKenzie’s motion is
CANCELLED.
August 8, 2018 ’M'j/deflfl/w
Thomas S. Fraser f
Judge of District Court
Document Filed Date
August 08, 2018
Case Filing Date
October 31, 2016
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27-FA-16-7554 Filed in Fourth Judicial District Court 8/8/2018 4:24 PM Hennepin County, MN ' STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In Re the Matter of: Court File No‘ 27—FA-16—7554 De’Andre Antonio McKenzie, Petitioner, ORDER DENYING MOTION and Philexia D. Davis, Respondent. This matter came administratively before the Court on August 8, 2018. Based on the record, together with the arguments of the parties, the Court makes the following: FINDINGS OF FACT 1. The parties are the parents oan’layha Ora Marie McKenzie, born December 3 1, 2015. 2. Pursuant to an Order (“J&D”) entered February 15, 2017, the parties have joint legal and joint physical custody of Aa’llayha. The J&D granted Ms. Davis the right to claim the dependency exemption for Aa’layha until Mr. McKenzie either became employed or started paying child—support. 3. On August 7, 2018, Mr. McKenzie filed a motion requesting he be allowed t0 claim the dependency exemption every other year. The motion is frivolous and must be denied for at least two reasons. 27-FA-16-7554 Filed in Fourth Judicial District Court 8/8/2018 4:24 PM Hennepin County, MN 4. First, the J&D clearly states that Mr. McKenzie may request that the Court reconsider the allocation 0f the dependency exemption if he becomes employed 0r begins paying child support. He has not paid child support since the J&D. He does not allege that he is now employed. If he is, the parties Will retum t0 Court and he will be ordered to pay child support. 5. Second, the federal tax law has eliminated the dependency exemption, making this issue moot. If the dependency exemption is reinstated in the future, Mr. McKenzie can raise the issue then, provided he is either employed or paying child support. ORDER 1. Mr. McKenzie’s motion is DENIED; and 2. The September 21, 2018 hearing on Mr. McKenzie’s motion is CANCELLED. August 8, 2018 ’M'j/deflfl/w Thomas S. Fraser f Judge of District Court