QUESTION
Do I have any recourse to claim my daughters according to our divorce papers?
Asked on Jan 28th, 2014 on Divorce - Michigan
More details to this question:
I divorced in 2013. The divorce papers say I can claim one of my three girls on odd years and and two on even years. When filing, I find that my former wife must sign a form 8332 allowing me to do this. Of course, she will not sign and says she is claiming all three. Do I have any recourse? If I cannot claim them, why is it in the divorce settlement that way?
10 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can claim them and you should claim them. You can file a contempt motion with the court indicating that your former wife is refusing to follow the dictates of the decree.
Answered on Feb 03rd, 2014 at 5:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, move to hold her in contempt for violating the custody order.
Answered on Feb 03rd, 2014 at 4:29 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File contempt with the trial judge.
Answered on Feb 03rd, 2014 at 4:25 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Particularly if you're in Texas, the law is pretty clear that a state court judge can't override the IRS rule that says the parent who has primary possession of a child is entitled to claim the dependency exemption for that child. Sorry for the bad news.
Answered on Feb 03rd, 2014 at 4:24 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes file a contempt motion asking for fees and sanctions. She must follow the order.
Answered on Feb 03rd, 2014 at 4:23 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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You need to "show cause" your ex-wife in the Divorce Court, to enforce the terms of the Judgment of Divorce. Also, request sanctions and attorney fees against her. Talk to a CPA about raising the issue with the IRS - I believe there may be an IRS form you can file when the issue of who gets to claim the dependency exemption is in dispute between divorced Parties.
Answered on Feb 03rd, 2014 at 4:20 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You need to take her to court and have the judge put her in jail until she signs the form.
Answered on Feb 03rd, 2014 at 4:13 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Of course you have recourse through the courts for enforcement of those terms - make her sign the form in front of the judge- or contempt on her part got violating the terms. I would also recommend that you speak with a tax accountant or attorney as you have the legal right to claim the children per the judgment and they may know more of the tax enforcement of this issue.
Answered on Feb 03rd, 2014 at 4:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to take her back to court. See an attorney about your options.
Answered on Feb 03rd, 2014 at 4:11 PM
Your recourse is to file a motion in Court to enforce the agreement and, additionally, have the Judge require her to reimburse you for your loss from not being able to take the proper exemptions as is required.
Answered on Feb 03rd, 2014 at 4:11 PM