Can I claim my son?

[Mjmcrae2014]

I am the father do not have full custody get son every other weekend and pay $100 wk trying to understand what my paperwork means. "the mother is parent receiving child support. the mother shall claim the child. The father may claim the exemptions for the child so long as the child support payments are current by the claiming parent on January 15 of the year when the return is due. The exemptions may be claimed in;every year. The mother will furnish IRS form 8332 to the parent entitled to the exemption by february 15 of the year the tax return is due. W2 shall be sent to the other parent by Feb 15. copy of his or her federal income tax return shall be sent to other parent by april 15. I asked her to supply the form 8332 and she said no she would not do it. I am completely paid up on my child support as it is taken out of my check every week and sent to the state by my employee which in turn send to her. I have never missed a payment in 7 years and she has never supplied the form. im confused what does my paperwork mean i dont understand please help? What do I do?

 

[army judge]

It means she's in contempt.
You have two choices, ignore it, and don't claim the exemption.
Or, go to court, tell the judge what she hadn't done, and hope the judge orders her to comply with the court order.

If I were you, and want the deduction, I'd hire a lawyer to do this for me.

Personally, I'd forget about it, keep paying my support, and let it go. The kid will be 18 one day, and this won't matter.

If you claim the deduction without her cooperation, she'll claim him, too.

Then you both will end up having trouble with the IRS.

You could tell her you'll give her a copy of your W2, when she delivers the Form 8322.
That could be your quickest solution, as she needs those documents to file her taxes correctly.

Or, that's what you should motion the court to amend the order to read you BOTH deliver the required document to the court (or one of your attorney's) by February 15th (or a mutipually agreed upon date).


If you want to ensure you understand the court order, take it to a lawyer and discuss it.
Ask the lawyer to explain it to you.
You can't use an anonymous forum to replace legal advice.
The law, as is medicine is very personal.
That way you can better understand your options, and what seeking them will cost you.