How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34360
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

My divorce decree permits me to claim one child as a dependent

This answer was rated:

My divorce decree permits me to claim one child as a dependent for my tax filings. My ex-wife is not permitting me to do so. How can I get the court to enforce the decree?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
If wife is refusing to abide by the divorce decree entered by the court, then your recourse would be to file a motion for contempt of court against her. This will force her to appear in front of the judge who entered the divorce order and explain why she is willfully violating his order. If the judge finds her in contempt, he could sanction her with penalties ranging from a good chewing out to actual jailtime.
.
As for the IRS, if you have claimed the child correctly on your taxes, all you have to do is provide the IRS with a copy of the judge's divorce decree awarding you the right to claim one child and that will clear things up on your end. They will then disallow ex's claim for that child and she will be forced to repay any credit taken with interest and penalties.
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

Customer: replied 3 years ago.

Will dealing with the IRS be that easy? In the past I have had her sign an IRS form (I can't remember the form number) to release her claim each year, all I need to do is provide a copy of the signed divorce decree? That's good to hear!

There might be a few more forms to fill out, possibly an affidavit that the order is legitimate, (this is the federal govt we are talking about....) but you will prove your claim is legitimate and hers is not by providing them with a copy of the order.
.
After that, she will have to deal with whatever problems she has brought down on herself by willfully violating the order. So if the IRS is involved already, and you get clear on your end, you may not have to even bother with the motion for contempt of court because presumably she will learn a lesson from this and not do it again in the future.
.
.
Thanks
Barrister
Barrister and 4 other Legal Specialists are ready to help you

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

.

Barrister