Legal Question in Family Law in Arizona
My exwife and I have been divorsed for 4 years now, on the divorse papers the judge orderd for me to b able to claim our 3 children every 2 years and her every 3rd. I fell behaind for lack of employment for about a year, and because of this she has been claiming them ever since. making me unable to catch up and still pay more out of pocket to IRS. Is she able to do this or is ther somthing I can do?
2 Answers from Attorneys
She is violating the court order, it sounds like. You could ask the court to enforce the order by filing a petition to enforce. And if she is found to have improperly claims the children any years and getting a refund or tax exemption for it, that amount should be offset against what you still owe on child support.
Any year that you were not current in child support allows her to claim the exemption for that year.
If she did so in years when you WERE current for that year, we can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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