Non-custodial Parent/Dependent Child

[Hallam96]

My husband was previously married and according to the divorce decree, he is entitled to claim both children as dependents. His ex-wife signed the tax paper that allows the non-custodial parent to claim the child as a dependent, but only signed over one child. My husband hasn't pushed the issue, but now he wants to claim both children. What needs to be done if she refuses to sign? Do we need an attorney? Do we need to go back to the divorce court? Please help.

 

[dorenephilpot]

This would be a contempt issue.

If there is an order for her to do something and she has failed to do it willfully, then she can be held in contempt, which could entail jail time, a fine and/or community service.

You can ask the court to hold a contempt hearing. Once the hearing is set, however, I'll bet she complies immediately w/your request.

If not, the court will spank her and likely order her to pay any attorney fees you incurred.