If there was a property settlement agreement which discussed custody, it likely contained a provision about the child credit. If your brother is supposed to get it, the spouse possibly violated the agreement and could be held in contempt.
I would need to review the agreement, but, even without that, there may be a cause of action against her. Either way, like it or not, the IRS probably wont take action against her but I am happy to review the matter.
Feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Aug 13th, 2021 at 10:01 AM