Family law tax exemptions

Asked over 2 years ago - Simi Valley, CA

In 2009 I was told I was claiming both of our children on my taxes and would be paying an extra amount to my ex because I claimed them. My ex continues to claim one of our two children. I have the DissoMaster that her attorney prepared stating I'm to claim them both which gbe me 3 exemptions. Since 2009 she is claiming my kids and won't sign the forms for the IRS. Is there a law or civil code for this? What can I do?

Additional information

Also if the order changes in the middle of the year from her being able to claim one child of our two and then they give me the right to claim them both in September 2009. Do I claim them on my 2009 taxes or does she?

Attorney answers (3)

  1. James D. Madden


    Contributor Level 10


    Lawyers agree

    Answered . The law on this issue requires that the parent with primary physical custody of the minor children has the right to claim them as tax exemptions. However, if this was specifically negotiated for and the dissomaster ferrets out this fact, then you may file an order to show cause for modification and to seek reimbursement for overpayment. Overpayment can easily be determined by running two identical dissomasters wherein you claim all three on one and she claims all three on the other. Whatever the difference is amounts to overpayment for which you would have a very reasonable argument to a.) modify the amount down; and/or b.) to seek reimbursement for the overpayment.

    If you have any questions you may contact me at 909-635-2023.

    The content contained herein is for general purposes only and in no way constitutes an attorney-client... more
  2. Michael Charles Schwerin

    Contributor Level 17


    Lawyers agree

    Answered . Take her back to court. Hire an attorney to file an OSC or Motion and have the court enter a specific order giving you the exemptions or to reduce the child support accordingly. She cannot have it both ways.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation... more
  3. Linda D Roberts-Ross


    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . You should file an Order to Show Cause to get this situation clarified and corrected and to collect any overpayment you have made as a result. Furthermore, you should make sure you document your efforts to resolve this issue with her in writing so that you can show the court you tried to resolve it informally without involving the court. If that doesn't do the trick, you should also ask the court to impose sanctions against her for failing to cooperate and do what she was previously ordered to do. Doing so would likely allow you to recovery some or all of your attorney's fees.

    Good Luck,
    Linda Roberts-Ross

    The information provided is for informational purposes only and does not constitute legal advice. Said information... more

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