QUESTION
Is my shared parenting plan regarding my children and taxes legally binding?
Asked on Feb 05th, 2016 on Taxation - Ohio
More details to this question:
My ex and I entered into a shared parenting plan about 10 years ago. In it, the plan states that I would be able to claim my kids on my taxes as long as I was 100% current on my child support. I am current on my payments and have been since day one and I am wondering if the agreement is legally binding if I was to claim my children as dependents. My kids live with their mother full time and I have them every weekend. I provide Medical, Dental and Vision insurance on them as well. The tax clause was signed off on by both her lawyer and the child support court without any mention, but I am worried that I would be audited and found in the wrong if I did proceed with filing my taxes while claiming them. Thank you for any advice you could provide me.
1 ANSWER
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The custodial parent, your ex, needs to sign IRS form 8332 giving you the exemption. Each year. If she refuses, the court that granted your divorce will find her in contempt.
Answered on Mar 02nd, 2016 at 3:48 AM