Family Law Questions? Ask a Family Lawyer Online.
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Can I dispute ex's dependent claim and file court child support order with the IRS while I am filing taxes?
Response: Yes, you can.
You do not need to file Form 8332 if you not releasing your claim for exemption or revoking the exemption since you did not authorize your ex to claim your child on his tax returns.
If the Child Support Order authorizes you to claim the child, then your ex cannot claim the child simply because he is the one with the higher income and it would be better for him. That does not work that way. You need all the help that you can get. If he has claimed the child when he was not supposed to, if you claim the child also, the IRS would flag your account and send you notice to explain why you are claiming someone already claimed by someone else. Then both you and your ex would have to provide Court Order entitling you to the exemption--you may have to send the Court Order again even if you sent one in with your tax returns because the first one may be misplaced.
Thank you so much. I wanted to ask about future tax deductions. If ex is going to have another child this year can the court give me child credit until our child is adult?
Response 1: It does not work that way. The Court can only base its decision based on your case and not based on what is going on outside of your own case.
Do they take into consideration that somebody already has child deduction and they don't need 2 and they can share?
Response 2: Unfortunately, no.