More details to this question:
I was divorced in 2001. My divorce settlement states that we alternative claiming our child on our taxes. It also states that we are equally responsible for Medical/childcare, etc. Our child is 16 and no longer has contact with her father. Because of this, he no longer helps with any medical/hobbies/school lunches. He does however still pay child support each month. Do I have the right to claim her on my taxes on a year that was stipulated as his to recoup what he is no longer paying?
1 ANSWER
You cannot modify the terms of your settlement agreement without a court order. So, if you take the dependency deduction you are technically in violation of a court order. Notwithstanding that your ex is violating the order by not paying support, you have not taken him to court to enforce your rights. And, unfortunately, two wrongs don't make a right in the law.
Now the IRS may see this differently, and from what you described the IRS would be okay with you taking the deduction. Still your run the other risk, so unless you go to court and get the deduction as a remedy from the court, you cannot take it.
Sorry, I wish I could tell you otherwise.
Best of luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd.
Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
Answered on Jan 25th, 2015 at 7:57 PM