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Family law tax exemptions

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?

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?

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Attorney answers 3

Best Answer

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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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 fees, rates and retainers vary based on need and ability to pay.


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.

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Ok, but what if the order changes in the middle of the year hw would that work?

James D. Madden

James D. Madden


Same principle. Run the dissomasters based on the terms of the order for the time the order was in place, do the same for the changed order and the difference is what is owed.