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LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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We reside in the state of Arizona (Maricopa County). In my

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We reside in the state of Arizona (Maricopa County). In my husband and his ex's divorce decree, she is to claim their daughter only on 'odd' years. However when trying to file our 2012 taxes, it was rejected due to the fact that his ex claimed her on this 'even' year which should have been his. What if any recourse does he have?

LADY LAWYER : Hello, Thanks for choosing! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Does you husband pay child support?

He did until from 2005 until 08/01/2013 when he filed for modification and it is now at $0.00. So in short, as of 2012 he did.

LADY LAWYER : Thank you! The best thing for your husband to do is to go ahead and file a contempt motion so he can get in front of the judge about this. The judge can do one of two things if s/he finds that your husband should have been the one claiming his daughter: 1) the judge can order your husband's ex to pay the $600 to him directly, or 2) the judge can order the ex to file an amended tax return, allowing your husband to file his own amended return and claim his daughter.
LADY LAWYER : Most likely, it will be the latter.
LADY LAWYER : But a Motion for Contempt (free to file) is what needs to be filed here.
LADY LAWYER : I am happy to answer any further questions about this if you should have them.
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