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GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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When my husband and I first divorced in Missouri, the court

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When my husband and I first divorced in Missouri, the court awarded joint custody with myself having primary physical custody. My ex-husband dropped out of our daughters life for years and now calls her on the occasional Sunday, has physically seen her 17 times (days) since 2001. In the original divorce decree, under the "legal custody" heading it stated that we were given the right to claim our daughter on our taxes. Which my ex has never done. In 2005, I took my ex-husband back to court in Virginia (where I currently live) and was awarded sole physical and legal custody of our daughter with visitation at my discretion. At the time my attorney told me that having sole physical and legal custody negated the divorce decree portion stating my ex-husband could claim our daughter as a dependent. This year, I discovered (after having my taxes rejected) that he claimed her for the first time ever. Does he have a legal right to do this? Is this true?
Submitted: 5 years ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 5 years ago.
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he has no legal right to claim her and you need to send the divorce decree (copy) to the iRS and inform them that he has no right to claim her and furthermore that she has never resided with him during the year. to claim her he would have to provide a home for her more than 50% of the year. He has committed tax fraud by claiming her. Send a copy of the letter to him also and inform him that he needs to file an amended tax return and not claim her. It will then be up to the IRS to go after him. I hope this helps clarify.

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