taxes & divorce decree

[goturtle97]

my husband and his ex have been divorced for 11 years, and they have two children together. it is stated in their divorce decree that she claims one child and he claims the other. when my husband and i went to file our taxes this year they got rejected stated that someone had already claimed the minor child on their tax form. please help, she shouldn't have the right to just decide to claim both children. right? thanks in advance...

 

[Duranie]

He needs to file a contempt claim in family court. She probably cannot do this.

 

[irish223]

Before rushing off to court, your husband ought to ask his ex if she claimed both kids. It's possible that she claimed only the minor.

 

[Proserpina]

Before rushing off to court, your husband ought to ask his ex if she claimed both kids. It's possible that she claimed only the minor.

Absolutely.

 

[goturtle97]

she definately claimed both children and told us that it was her right to do so because she had paid for the child that we claim to go to private school. she stated that we didn't help with school, so she was taking the credit. my husband pays support that comes out of his paycheck weekly, and he never sees this money. her claim is that his support doesn't pay for anything...

 

[army judge]

she definately claimed both children and told us that it was her right to do so because she had paid for the child that we claim to go to private school. she stated that we didn't help with school, so she was taking the credit. my husband pays support that comes out of his paycheck weekly, and he never sees this money. her claim is that his support doesn't pay for anything...

You needed a lawyer two months ago.
You need one today twice as much.
You'll need one four times as much in another two months.
Speak with a lawyer, this isn't going to resolve itself.

 

[Duranie]

The divorce decree decides who claims. Not the IRS, not mom. Dad should file contempt and figure out the $$ amount he would be getting back or credited should he had been allowed to claim and ask for that in family court.