What legal action can I take after my daughter's dad for filing her on his tax return without my permission?

Attorney answers (4)

1. Licensed in WI

   

   Maxwell LivingstonPro

   Brookfield Contracts / Agreements Lawyer

   Contributor Level 13

   

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   Answered March 19, 2013 11:50. If you have primary custody (sole), he should not be claiming the children at issue. If you would like me to intervene on your behalf, please call me at 262-789-2741 and we can schedule an appointment to meet.
   
   Thank you, and I'm sorry for what you've been forced to endure.

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2. Licensed in WI

   

   Tajara DommershausenPro

   Menasha Divorce / Separation Lawyer

   Contributor Level 17

   

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   Answered March 19, 2013 12:18. File a motion for contempt if he doesn't have a court order allowing him to do so if you have primary placement. Ask the court to make him amend his tax returns or to pay you what your refund would have been if he hadn't improperly claimed her.

   In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... moreIn accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions. less

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3. Licensed in WI

   

   Laura A. Stack

   Milwaukee Family Law Attorney

   Contributor Level 11

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   Answered March 20, 2013 15:04. Filing a motion for contempt is your best bet.
   
   Our firm handles this type of law. Feel free to call to discuss further.
   
   
   Attorney Laura A. Stack
   DAVISON LAW OFFICES
   633 W. Wisconsin Ave.
   Suite 304
   Milwaukee, WI 53203
   Tel: (414) 272-1005
   Fax: (414) 272-1049
   www.davisonlawoffices.com

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4. 

   Raymond Haselman

   Hollywood Tax Lawyer

   Contributor Level 8

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   Answered March 20, 2013 10:45. As far as obtaining additional tax benefits from your dependant daughter from the IRS, you would have to deal directly with the IRS. It could be a long process to claim your daughter once the father already claimed her. The court order does not necessarily order the IRS, however, the IRS will take that important issue into consideration. The issue of addressing the court would be a separate issue than the IRS. An attorney will be able to assist you. Dont listen to the advice of 'friends or a freind of a friend' whos brother works for the IRS.

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