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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I just received notice that one of my children was claimed

Customer Question

I just received notice that one of my children was claimed as a dependent, for 2014. I am non custodial, and I have claimed my son for the past four years. While their Father has claimed his younger sister. My Son turned 17 this past April. So I am under the impression that my ex has done this on purpose. Our Daughter was diagnosed with Leukemia this past March, I had sent my refund in January, while he waited till later. I remember him asking which one of the kids I claimed, I told him it was Corbin, just as I have been. I am wondering what else can I do, I send IRS copies every year of the divorce decree and Child placement agreement every time I file. Yet I am getting the notice to fix this. I am not happy on other issues of how he is not providing information and proper care for our kids. Not sure if I would need one lawyer for tax issue and another for "cause to show" issue?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

You can still file your claim for dependenciy even though ex husband has claimed same child. What will happen is the IRS will issue a refund based upon deduction for both of you. They will then realize that two the exemptions have been given out. They will then go back and determine who should have properly filed the dependency exemption. It normally goes to the custodial parent unless there is an agreement in writing that says otherwise. If you were entitled to it you will be allowed to keep your deduction and ex husband will have to refund money back to IRS.

In the event that ex husband is not following the terms of the custody order you can file a petition for contempt in order to force compliance. If the provisions he is not following are not in the custody order you will have to modify to add and than at that point you would then be able to enforce the provisions.

I hope this information is helpful and I wish you the best of luck.