My divorce agreement, dated 2007, says "the wife", which is me, claims the exemption for our child. Circumstances changed, and our daughter went to live with my ex husband 5 years ago. I continued to take the exemption with no issues until he remarried 3 years ago. Once that happened my return was rejected. My questions are: Am I still entitled to take the deduction since it's part of a pre 2009 divorce agreement?
If not, can he be compelled to take the deduction? He is 30,000 in arrears on CS, so any refund he receives will be intercepted. He is collecting workman's comp along with the CS I pay, but his current wife provides most of the support for his household. He's been having her take the deduction, which circumvents the interception of his return.
The IRS has some information that should answer your question here:
If you find this information HELPFUL, feel free to click on the "Helpful" button. This observation is provided without warranty nor guarantee and for entertainment and informational purposes only. This answer is not legal advice. Not to be used as infant formula. No attorney client relationship is established as a result of these communications. The best legal advice you can get is to consult with an attorney licensed in your state or territory.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline