Ex spouse not following court order on taxes

[tootough]

What is the name of your state (only U.S. law)? Tennessee.... My husbands ex keeps claiming their children on her taxes even though the court made the order that each parent can claim the children every other year, ( the mother claims on the odd years and the father claims on the even years). The mother continues to go against the court order claiming that he doesn't get the deduction because he didn't have his children for the full 80 days of visitation for last year but the court papers don't contain any type of exceptions in the matter.
I have had to mail in our return for the second year with a copy of the court order/parenting plan and would like to know what steps the IRS will take on the matter when they realize that my husband has the right to claim his children and what does he need to do about her going against the court order

 

[Zigner]

What is the name of your state (only U.S. law)? Tennessee.... My husbands ex keeps claiming their children on her taxes even though the court made the order that each parent can claim the children every other year, ( the mother claims on the odd years and the father claims on the even years). The mother continues to go against the court order claiming that he doesn't get the deduction because he didn't have his children for the full 80 days of visitation for last year but the court papers don't contain any type of exceptions in the matter.
I have had to mail in our return for the second year with a copy of the court order/parenting plan and would like to know what steps the IRS will take on the matter when they realize that my husband has the right to claim his children and what does he need to do about her going against the court order

Your husband will need to attached a signed (by his ex) copy of form 8332 to his return. Sending a copy of the court orders will do nothing. He needs to file a contempt motion in the appropriate court. Feel free to have him log in and ask his own questions.

 

[Zigner]

I find it interesting that you were a man in 2009 ( https://forum.freeadvice.com/divorce-separation-annulment-36/tootough-491639.html )

 

[tootough]

A man in 2009

I am more versed on wording the situation than my husband is. He tells me what he wants to ask and I put it into words for him. Is this problematic?

 

[tootough]

In reference to him needing to obtain a 8332 form from her, she refuses to forward him one

 

[Zigner]

I am more versed on wording the situation than my husband is. He tells me what he wants to ask and I put it into words for him. Is this problematic?

You are a legal stranger in the matter. He will need to learn to ask his own questions. If he doesn't, how does he expect to get anywhere in court?

 

[Zigner]

In reference to him needing to obtain a 8332 form from her, she refuses to forward him one

Then he needs to head to court. Sending the court order with the taxes isn't going to help - the IRS is clear on that.

 

[Ohiogal]

I am more versed on wording the situation than my husband is. He tells me what he wants to ask and I put it into words for him. Is this problematic?

Yes because quite frankly, it shows you lie. You present as him but you aren't. So your credibility is harmed by doing that.

 

[Just Blue]

I am more versed on wording the situation than my husband is. He tells me what he wants to ask and I put it into words for him. Is this problematic?

Yes it is. It has nothing LEGALLY to do with you. If hubby doesn't care enough to deal with it himself ...oh well.

 

[Proserpina]

Yes because quite frankly, it shows you lie. You present as him but you aren't. So your credibility is harmed by doing that.

Quite frankly, it does no such thing.

 

[Ohiogal]

Quite frankly, it does no such thing.

Quite frankly, in my opinion it does. OP misrepresented who she was either today or then. Which means she lied. She was not truthful about who she was and instead presented herself as her husband.

 

[Just Blue]

https://forum.freeadvice.com/divorce-separation-annulment-36/tootough-491639.html

 

[Zigner]

While I agree with Ohiogal on the credibility aspect, I must say that it really has no bearing on this thread. The answers don't change...

 

[Ohiogal]

While I agree with Ohiogal on the credibility aspect, I must say that it really has no bearing on this thread. The answers don't change...

I am not saying they do. But OP asked if it was problematic. That was the point I was answering. In my opinion, it harms her credibility.