What is the name of your state? Missouri
My ex and I split up in 2016 (never married), we made a custody agreement for joint custody, dad had every other weekend visitations, father claimed children on his insurance and our four children were split each year for tax deductions with dad claiming two and mom claiming two. Order was signed and case was closed in August of 2016.
Father has always been a heavy drinker and it was discovered in March of 2019 that he was driving intoxicated with the minor children in the car, Mom filed a TRO and it was granted. GAL was ordered and all 4 children confirmed the drinking and intoxication so temporary orders were then put into place where father had supervised visitations for only a few hours twice a month. 18 months later the temporary orders now indicate Dad sees the children every other Sat/Sunday from 9am to 8pm and mom/dad meet at the police station so father can get a breathalyzer and visits are no longer supervised. No updated permanent agreement has been reached as of today.
Father has not had an overnight in 18 months. Since 2016 he has jumped from friend to family member and does not (or has he ever) had a place of his own. He currently resides in his cousins basement. Mother is the only one who provides a roof for the children or has financial responsibilities. He is current on child support and Mother now claims the kids on her insurance. Mother has asked for 1/2 of what she paid for the kids Chromebooks when schools were virtual as well as half of the out of pocket medical expenses and father has yet to contribute.
Because of the original custody order from 2016 father has benefited greatly off two of the kids by filing them on his taxes as well as now receiving $5000.00 alone in stimulus payments for two of the kids. Although the original court order states he gets to claim two of the kids each year, he is the non custodial parent, he has never asked or had me sign form 8332 allowing him to do so. He is frauding the IRS by claiming the kids reside with him for more than 6 months of the year. He is supposed to state no then have me sign form 8332 and then he can mail it in with his taxes. By not doing this I have missed out on the earned income credit for the past 4 years on the two kids which is my right, even if I would have signed form 8332 he still cannot get the EIC as that is my right only.
I reminded him last tax season that he needed to have me sign that form and mail with his taxes but again this year he did not. Because the TRO was put into place and most everything from our original order have changed with the many temporary orders put into the place since the TRO I assumed the tax topic changed as well. I filed all 4 kids this year after discovering that he again filed electronically w/o having me sign the form. I mailed my return and included all documentation needed to prove the kids reside at my address for the entire 12 months. This is going to cause him to repay his refund and probably have penalties but now I am afraid I may be in contempt of court. I am not sure if the TRO and temp orders make the original void and that is my question.
My ex and I split up in 2016 (never married), we made a custody agreement for joint custody, dad had every other weekend visitations, father claimed children on his insurance and our four children were split each year for tax deductions with dad claiming two and mom claiming two. Order was signed and case was closed in August of 2016.
Father has always been a heavy drinker and it was discovered in March of 2019 that he was driving intoxicated with the minor children in the car, Mom filed a TRO and it was granted. GAL was ordered and all 4 children confirmed the drinking and intoxication so temporary orders were then put into place where father had supervised visitations for only a few hours twice a month. 18 months later the temporary orders now indicate Dad sees the children every other Sat/Sunday from 9am to 8pm and mom/dad meet at the police station so father can get a breathalyzer and visits are no longer supervised. No updated permanent agreement has been reached as of today.
Father has not had an overnight in 18 months. Since 2016 he has jumped from friend to family member and does not (or has he ever) had a place of his own. He currently resides in his cousins basement. Mother is the only one who provides a roof for the children or has financial responsibilities. He is current on child support and Mother now claims the kids on her insurance. Mother has asked for 1/2 of what she paid for the kids Chromebooks when schools were virtual as well as half of the out of pocket medical expenses and father has yet to contribute.
Because of the original custody order from 2016 father has benefited greatly off two of the kids by filing them on his taxes as well as now receiving $5000.00 alone in stimulus payments for two of the kids. Although the original court order states he gets to claim two of the kids each year, he is the non custodial parent, he has never asked or had me sign form 8332 allowing him to do so. He is frauding the IRS by claiming the kids reside with him for more than 6 months of the year. He is supposed to state no then have me sign form 8332 and then he can mail it in with his taxes. By not doing this I have missed out on the earned income credit for the past 4 years on the two kids which is my right, even if I would have signed form 8332 he still cannot get the EIC as that is my right only.
I reminded him last tax season that he needed to have me sign that form and mail with his taxes but again this year he did not. Because the TRO was put into place and most everything from our original order have changed with the many temporary orders put into the place since the TRO I assumed the tax topic changed as well. I filed all 4 kids this year after discovering that he again filed electronically w/o having me sign the form. I mailed my return and included all documentation needed to prove the kids reside at my address for the entire 12 months. This is going to cause him to repay his refund and probably have penalties but now I am afraid I may be in contempt of court. I am not sure if the TRO and temp orders make the original void and that is my question.
