is this legal?

[gsugg]

My ex-wife has custody of our two children. However, every year she lets me claim one of the kids on my return. I do pay child support for both of the kids faithfully every month. In return for her "letting" me claim on of the kids, she demands money in return and every year it is more and more money. If I don't give her any money she threatens to call the IRS and said she will file both of the kids on her return and that it would get me in trouble with the IRS. She called me today demanding $1200.00, she said that she contacted the IRS already and they supposedly told her "If he does not give you the $1200.00 by tomorrow, give us a call back and we will get in contact with him". I was watching "Judge Alex" a few months back and it seems that someone on there had the same problem. The judge told the woman suing for the money that it was illegal for her to demand money after letting him claim their children. Is this true? I need to know if I have any options here.

Thank you very much.
GSugg

 

[myralynn4s]

I am not an attorney, but do prepare taxes. I can assure you the IRS has not told her any such thing. The only person that can legally claim the children is the person they live with. She really needs to sign a 8332 that would allow you to claim the children. Also, you can have it set up that way through the court system. There is nothing she can do to make you "pay" her for claiming your child. But it would have been nice if you had that form signed in advance.

 

[eagle20]

I agree with myralynn4s above. Do things properly and you don't have to worry about consequences that put you in jeopardy -- even if you land up paying a little more or less to the tax authorities. At the end of the day, your load of worries will be much lighter.