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My Ex-wife refuses to sign IRS for 8332. Help Please!

Newburgh, IN |

I was divorced on Oct. 2009, It is written in my divorce decree that I get to claim one of my children. (note there is no grey area in this section) Wife is refusing to sign form 8332 what do I do?

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Attorney answers 3

Posted

Your best bet is to go back to your divorce attorney to inform her attorney that she is in breach of the divorce decree if she fails to provide the Form 8332. She needs to be informed that If she fails to comply you will seek damages for her failure.
In addition you could file your return without the Form 8332 and that will surely trigger the IRS attention, but with that Form 8332 it is unclear how they will rule.

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Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. He is uuthorized to handle IRS matters throughout the United States.His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is
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Posted

Depending on the state, the court may order a party to sign Form 8332. This may be a situation where you want the issue heard before the court and ask the court to order your ex to sign Form 8332 pursuant to the decree.

Disclaimer: Peter J. Abbarno is licensed to practice law in the State of Washington. This communication does not creat an attorney-client relationship. The communications is for educational purposes only and based on the limited information provided.

IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that to the extent this communication contains advice relating to federal tax issues, it is not intended or written to be used, and it may not be used, for (i) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (ii) promoting or marketing to another party any transaction or matter addressed in this communication.

Posted

I would have to read your divorce decree to be entirely sure, but based on the information that I have I would agree with the previous answer. Also, if your decree is as solid as you say, she may be in contempt of court for failing to sign it which could mean that she has to pay your attorney's fees in bringing her to Court to get her to sign the form.

LEGAL DISCLAIMER
Mr. Young is licensed to practice law in Indiana. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Young strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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