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What can I do about my ex wife filing her taxes using MY exemptions?

Los Angeles, CA |

In the divorce settlement I was given both my daughters as exemptions for tax filing. Last year I filed for 2011 but received a notice that they couldn't accept it because my dependents had been used on another persons filings. I had no doubt & figured it was the ex-wife. They advised me to mail in my return and that they would investigate. Now this year I attempt to file for 2012 & again the same thing. I had contacted the IRS last year for 2011 filing & offered to submit copy of the divorce settlement proving that I was entitled to claim them but they said to hold off on sending anything. That they would investigate. Is there anything I can or should do about it? I understand its up to the IRS but I don't want to keep having this issue every time I file. Is there no reprimand for her?

Attorney Answers 3


  1. Review your decree and property settlement agreement. Make sure that you are entitled to the exemption each year. Sometimes it alternates. You may want to contact your divorce attorney about filing a motion in your case for a violation of the decree by your wife.

    This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.


  2. There are various options you could do. You could have her held liable for the tax benefit you would have or what she received. Also contempt or other modifications.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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