Mother appeals from an order modifying the child support provisions of a judgment of dissolution. On de novo review, we affirm in part and reverse and remand in part.
Mother, the custodial parent, first assigns error to the award of the tax exemption to father. She argues that the child support guidelines award the tax exemption to the custodial parent as a matter of law. Mother is wrong. OAR 137-50-330(2)(a)(I) states that it is presumed that the custodial parent will have the dependency exemption. However, the exemption can be awarded to the noncustodial parent if the tax consequences are considered in calculating the amount of child support; See Ranes and Ranes,
Mother next assigns error to an injunction forbidding her from contacting the Support Enforcement Division to initiate the collection of overdue child support without first contacting father. Initiation of the collection of overdue child support is not the appreciable threat of future harm or unlawful behavior that injunctions are meant to prevent. See Bates v. Motor Vehicles Division,
Judgment remanded for recalculation of child support; injunction reversed; otherwise affirmed. No costs to either party.