Family Law Questions? Ask a Family Lawyer Online.
Good afternoon. Did you not try claiming them? Just trying to get an idea of how this went on for 3 years?
Thank you. If she failed to comply with the divorce decree/ court order, then she would be in violation. When that happens, a party can seek to hold them in contempt of court and bring them before the Judge. In this case, if you were allowed to claim the children and she filed prior to you, doing so and preventing this, she would be in violation of the decree. As such, you could go after her and see to recover the amount which this would have entitled you to, when filing your taxes. You want to figure out what the number would be and ask the Judge to order she pay you that, since she had no right to claim them when it was your year.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.