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Tax return

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RAR67

Junior Member
What is the name of your state (only U.S. law)? ILLINOIS
MY EX HAS STOPPED ALL COMMUNICATION / CONTACT WITH MY 9YR OLD 7 MONTHS AGO. IN OUR DIVORCE PAPERS HES ALLOWED TO CLAIM HER ON HIS TAXES EVERY OTHER YEAR (THIS BEING HIS YEAR) - I STRONGLY FEEL THAT SINCE MY DAUGHTER HAS BEEN WITH ME 24/7/365 THIS YEAR - THAT HE SHOULD NOT BE ALLOWED TO CLAIM HER AND REAP THE FINANCIAL BENEFITS OF A CHILD HE LONGER WISHES TO ACKNOWLEDGE. IS THERE ANYTHING I CAN DO TO AMMEND MY DIVORCE PAPERS TO DISALLOW HIM TO CLAIM HER ON HIS TAXES??
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? ILLINOIS
MY EX HAS STOPPED ALL COMMUNICATION / CONTACT WITH MY 9YR OLD 7 MONTHS AGO. IN OUR DIVORCE PAPERS HES ALLOWED TO CLAIM HER ON HIS TAXES EVERY OTHER YEAR (THIS BEING HIS YEAR) - I STRONGLY FEEL THAT SINCE MY DAUGHTER HAS BEEN WITH ME 24/7/365 THIS YEAR - THAT HE SHOULD NOT BE ALLOWED TO CLAIM HER AND REAP THE FINANCIAL BENEFITS OF A CHILD HE LONGER WISHES TO ACKNOWLEDGE. IS THERE ANYTHING I CAN DO TO AMMEND MY DIVORCE PAPERS TO DISALLOW HIM TO CLAIM HER ON HIS TAXES??
You can file for a modification, but you need grounds. "I don't like the old agreement" is not grounds.

Of course, the agreement the way it is written is not valid as far as the IRS is concerned. You will have to sign an 8332 form every other year so that he can claim the deduction (although the IRS may not check, so don't try to claim it in the years your court order says you're not entitled to it - you are required to follow the court order, even though the IRS isn't).

Basically, you have an agreement, stick with it.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? ILLINOIS
MY EX HAS STOPPED ALL COMMUNICATION / CONTACT WITH MY 9YR OLD 7 MONTHS AGO. IN OUR DIVORCE PAPERS HES ALLOWED TO CLAIM HER ON HIS TAXES EVERY OTHER YEAR (THIS BEING HIS YEAR) - I STRONGLY FEEL THAT SINCE MY DAUGHTER HAS BEEN WITH ME 24/7/365 THIS YEAR - THAT HE SHOULD NOT BE ALLOWED TO CLAIM HER AND REAP THE FINANCIAL BENEFITS OF A CHILD HE LONGER WISHES TO ACKNOWLEDGE. IS THERE ANYTHING I CAN DO TO AMMEND MY DIVORCE PAPERS TO DISALLOW HIM TO CLAIM HER ON HIS TAXES??
If he is still paying his child support, the court will continue to give him the exemption whether he sees the child or not.

Misto's response was slightly incorrect. The IRS would rule in your favor, period, unless dad could produce a signed form 8332. Your problem, should you claim the child on his year, is that the state court judge could find you in contempt and financially penalize you for doing so, particularly if dad is still paying his child support.
 
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mistoffolees

Senior Member
Misto's response was slightly incorrect. The IRS would rule in your favor, period, unless dad could produce a signed form 8332. Your problem, should you claim the child on his year, is that the state court judge could find you in contempt and financially penalize you for doing so, particularly if dad is still paying his child support.
That's what I said. The IRS is not bound by the divorce decree. However, if she chooses to violate the divorce decree and claim the deduction, she would be in trouble with the STATE Court, but not the IRS.
 

LdiJ

Senior Member
That's what I said. The IRS is not bound by the divorce decree. However, if she chooses to violate the divorce decree and claim the deduction, she would be in trouble with the STATE Court, but not the IRS.
You were a little convoluted...LOL. The part you put in parentheses was confusing.

You were much more direct on this post.
 

mistoffolees

Senior Member
You were a little convoluted...LOL. The part you put in parentheses was confusing.
Maybe not entirely clear, but it was correct. The IRS is not bound by the divorce court's ruling, but OP is. Nothing at all ambiguous about what I wrote.
 

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