• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child Tax Credit In Divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mssusan43

Junior Member
I have been divorced 13 years. My ex, who is an attorney took me to court to be able to claim one of the two on his taxes. Iam the custodial parent and did not agree to this, but the judge said he did not see why not and said he could. can a friend of the court judge force you to sign the required form that one must sign...? What happens if I don't sign it...I was under the impression thaT REGARDLESS OF WHO ORDERS IT, IF THE PARENT DOESN'T AGREE TO SIGN IT, THERE IS NOTHING HE CAN DO???? any help in this area?
 
Last edited:


LdiJ

Senior Member
mssusan43 said:
I have been divorced 13 years. My ex, who is an attorney took me to court to be able to claim one of the two on his taxes. Iam the custodial parent and did not agree to this, but the judge said he did not see why not and said he could. can a friend of the court judge force you to sign the required form that one must sign...? What happens if I don't sign it...I was under the impression thaT REGARDLESS OF WHO ORDERS IT, IF THE PARENT DOESN'T AGREE TO SIGN IT, THERE IS NOTHING HE CAN DO???? any help in this area?
If there is a court order saying he can claim the child, then the IRS will likely honor that court order. If the FOC simply ordered to you to sign the form, and you don't, he can't take the exemption. However, you could be punished in state court via contempt of court for not signing the form.
 

mssusan43

Junior Member
He didn't get order for form

The judge said he could take one of the children on taxes, when my ex's attorney drew up the papers, he added the form to be signed, that was not addressed in court. and now it is signed by the judge, after it was added by the other attorney...what if I don't sign it.
 
Last edited:

abezon

Senior Member
The judge will drag you into court & make you sign it or go to jail, then make you write a check for your ex's attorney fees & court costs.

The only way to get this reversed is to get another judge to rescind the order. You should have disqualified the original judge in the first place. It's probably too late do anything now.
 

Ohiogal

Queen Bee
mssusan43 said:
The judge said he could take one of the children on taxes, when my ex's attorney drew up the papers, he added the form to be signed, that was not addressed in court. and now it is signed by the judge, after it was added by the other attorney...what if I don't sign it.
The form is just a way to insure that your ex can take the deduction he was awarded if my understanding is correct. It is similar to requiring you to sign and have notarized a permission form for your husband to take your kids on vacation out of the country if the court permits it. It doesn't change what your husband was given -- it just puts into the order how it must be accomplished.
As others have said, disobey it and you will face contempt.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top