Dependant Claim, violation of Court !!!

[darylbnet]

Alabama is the state the court order is filed in... The court order states that I have the right to claim my daughter on my taxes... So, now that my ex-wife has claimed her first, they gave the money to her, and I have to suffer the process of file to prove that she is in violation of this court order and have to wait for my tax refund. My question is what type of legal charges can I bring against my ex. for this blatant act of violation of this court order. Fines, penalties, legal suit, what ever option I can do to remove this knife from my back once again??? Thanks for the INFO...

 

[TinkerBelleLuvr]

File a paper return. It takes a couple of weeks more to get the refund. Now you will need that 8332 form.

File a motion to show cause to see if there is contempt.

Type here exactly what the court order says about claiming the dependent.

 

[darylbnet]

Court order information

The court order agreement states that as follows
" The parties agree that the Father shall claim (daughters name1) as a dependent for income tax purposes and the Mother shall claim ( daughter name2) for income tax purposes beginning tax year 2008, and yearly thereafter as provided for by law. "
I have a tax office filing the paper work for the claim, so that will be taken care of properly...
I am looking for information on my options, to bring charges against the ex for this blatant disregard of the court orders.
Thanks...

 

[Zigner]

The court order agreement states that as follows
" The parties agree that the Father shall claim (daughters name1) as a dependent for income tax purposes and the Mother shall claim ( daughter name2) for income tax purposes beginning tax year 2008, and yearly thereafter as provided for by law. "
I have a tax office filing the paper work for the claim, so that will be taken care of properly...
I am looking for information on my options, to bring charges against the ex for this blatant disregard of the court orders.
Thanks...

Ginny already answered this...file a motion for contempt.

 

[darylbnet]

Additional information PUB 501

I have researched the IRS PUB 501, and it states on page 13 that starting in 2009, a form 8332 is going to be required. Any decrees that have been made before 2008 will still be accepted, but any court decrees made in 2008 would require a form 8332 signed to be turned in with the decree...
That is the way I understand it...???
http://www.irs.gov/pub/irs-pdf/p501.pdf

 

[LdiJ]

I have researched the IRS PUB 501, and it states on page 13 that starting in 2009, a form 8332 is going to be required. Any decrees that have been made before 2008 will still be accepted, but any court decrees made in 2008 would require a form 8332 signed to be turned in with the decree...
That is the way I understand it...???
http://www.irs.gov/pub/irs-pdf/p501.pdf

I haven't seen the pub...but in the IRS seminars this summer, the IRS told us that form 8332 would be required for ALL returns, that they would not accept ANY court orders at all.

However, even for 2008 and past, court orders were only accepted if they qualified as a substitute for form 8332...and many did not.

This clause in your orders bothers me:

The parties agree that the Father shall claim (daughters name1) as a dependent for income tax purposes and the Mother shall claim ( daughter name2) for income tax purposes beginning tax year 2008, and yearly thereafter as provided for by law. "

The federal tax code is the "law" that regulates tax exemptions, and the federal tax code gives the exemption to the parent with primary custody...plain and simple.

Therefore, I am not sure that your orders would qualify as a substitute for form 8332. Therefore you may need to file for contempt and get the judge to force mom to sign form 8332 in court, before you file.