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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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I found out that my ex-husband has been deducting Alimony

Customer Question

I found out that my ex-husband has been deducting Alimony (paid to me) on his tax returns for the 3 years we have been divorced. He has been using my SSN to claim this deductions and I have NEVER received alimony nor was he required to do so by court order
EVER. I have not received any warnings from the IRS (yet). But I am sure they will realize soon that I have not been paying taxes on the "supposed" income. Also, I found that he had claimed both the children every year as well. Our divorce agreement states
that we are to split the children. I have been claiming only one of the children and for some reason, again the IRS has not been in contact with me to address this issue either. Our divorce agreement also states that we are to exchange tax returns every year
(as a proof of income) for child support calculations purposes. However, when my attorney requested copies of the Income tax returns, he fraudulently changed the numbers. Later, I found out the real tax return from a side source. I need to know, what I can
do in this case as I would like to bring his fraud in court for our next hearing. We just came out of a custody battle where I got primary physical custody but I am trying to get full custody. I basically need to legitimately obtain a copy of his tax return
and show it in court. Please help
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I found out that my ex-husband has been deducting Alimony (paid to me) on his tax returns for the 3 years we have been divorced. He has been using my SSN to claim this deductions and I have NEVER received alimony nor was he required to do so by court order
EVER. I have not received any warnings from the IRS (yet). But I am sure they will realize soon that I have not been paying taxes on the "supposed" income. Also, I found that he had claimed both the children every year as well. Our divorce agreement states
that we are to split the children. I have been claiming only one of the children and for some reason, again the IRS has not been in contact with me to address this issue either. Our divorce agreement also states that we are to exchange tax returns every year
(as a proof of income) for child support calculations purposes. However, when my attorney requested copies of the Income tax returns, he fraudulently changed the numbers. Later, I found out the real tax return from a side source. I need to know, what I can
do in this case as I would like to bring his fraud in court for our next hearing. We just came out of a custody battle where I got primary physical custody but I am trying to get full custody. I basically need to legitimately obtain a copy of his tax return
and show it in court. Please help

Response: You need to file contempt action against him and as part of the action, you need to make a formal request for production of documents from him and also ask the Court to issue subpoena to IRS for copies of his tax returns. For more information, click on the link below:
http://www.irs.gov/irm/part11/irm_11-003-035.html