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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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What legal recourse is available to me if my ex claimed the

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What legal recourse is available to me if my ex claimed the child I am entitled to claim for 2012 tax purposes?
Thank you for your question.

There are essentially two areas of recourse. First, if you were entitled via your domestic relations order to claim your child, you can file a motion for contempt (also called a motion to show cause in some states) seeking enforcement of the provision and penalties.

Additionally, you may also claim the child on your tax return. Once the IRS determines that two parties have claimed the same child, they will conduct an investigation as to whom is entitled to the deduction. If you are, he will have to pay back any benefit he received by claiming the child.

If he has already claimed the child, you likely will not be able to file electronically. The system will see that the child has already been claimed, and will not accept the return. You would likely have to file by mail.

I hope this answers your question. Please let me know if you have any follow-up questions, which I am happy to answer. Once you are satisfied, please kindly rate my service, as that is how I am compensated by the website. Thank you.
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