Asked about 1 year ago - Simi Valley, CA
FlagIn 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?
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.
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
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