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How can ex wife who is custodial parent through joint

Customer Question
How can ex wife...

How can ex wife who is custodial parent through joint custody file for taxes on our son when she doesn't work, no disability checks and remarried?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

It was never stated in divorce decree. Filed first year to claim our son and I had to owe the IRS $1,344 from it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Also, she has violated parental rights twice now and court orders

Submitted: 6 months ago.Category: Family Law
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Answered in 19 minutes by:
1/5/2018
Family Lawyer: retireddebra,
 replied 6 months ago
retireddebra
Category: Family Law
Satisfied Customers: 105,593
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Family Lawyer: retireddebra,
 replied 6 months ago

I'm sorry. I just noticed that you are in Georgia. I will ask the site to move the question to the US law list.

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Customer reply replied 6 months ago
Ok. Thank you ma'am.
Family Lawyer: originallawyer, Family Law Attorney replied 6 months ago
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
Experience: 9+ years of experience in divorce, custody battles and mediation.
Verified

Good evening:

The IRS rule is that the custodial parent (the parents who has the child the greater number of nights during the year) is able to take the deduction. This is regardless of whether or not the custodial parent works, is on disability or is remarried. This is true even if you are paying child support and supporting your child.

There is a form that the custodial parent can fill out (https://www.irs.gov/pub/irs-pdf/f8332.pdf) to give this ability to file to the non-custodial parent, but if the court order doesn't address it, the custodial parent doesn't have to do this. The IRS is the controlling authority in this situation.

As for your ex's other issues, you would need to take her back to court for contempt for violating your parental rights and the court orders. But the court will likely not be able to help you with the IRS issue, unless your ex agrees to share the credit in the future with you.

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Customer reply replied 6 months ago
Ok. Thank you so much for the help. I was getting mixed answers from people in general about the situation so I wanted to ask the experts on this.
Family Lawyer: originallawyer, Family Law Attorney replied 6 months ago

You are welcome!

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