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Category: Family Law
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I have a signed court order that indicates joint custody with

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I have a signed court order that indicates joint custody with my ex-husband of our child that turned 18 this October. I also have a court order signed by a superior court judge that orders a contractual agreement that my ex and I both signed that says we will alternate even/odd years for claiming our daughter as a tax deduction.

She resided with him exclusively through mid-august 2011. She has been residing with me exclusively since that time.

My ex is declaring that he will, and can, take the claim for 2011 (even though I was allocated the odd years) because she resided at his house more that 1/2 the year.

A copy of our alternating years agreement was filed with the IRS (I believe by my accountant) in 2007.

We live in AZ. Is he correct that he can take my court ordered deduction year?

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

I disagree with your ex here.You have two remedies.The easiest here is to file first.You have the agreement and this would support your claim.If you do this no other action would be necessary.It is critical here you file first though.Otherwise your remedy would be to return to court here claiming contempt seeking judgment for any losses including lawyer fees and costs.If you will file first here you will avoid having to pursue this in court.

RayAnswers :

He is not correct that he is entitled to the deduction..The agreement controls.But if he files first and gets your deduction then you will have to file contempt here.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

If you get stuck filing contempt here you can file claiming the child and IRS will flag both returns here and review the settlement.Your ex would end up woing the IRS and also be in contempt.But if you can file first you will eliminate the problem before it becomes one.

RayAnswers :

If you get stuck filing contempt here you can file claiming the child and IRS will flag both returns here and review the settlement.Your ex would end up owing the IRS and also be in contempt.But if you can file first you will eliminate the problem before it becomes one.

RayAnswers :

Thanks for letting me help you.I wish you a happy new year.

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