Legal Question in Family Law in California
Claiming child for taxes
According to my husband's written
mediation agreement, we claim his
daughter for our taxes on the even
years and her mom claims her on
the odd years. This year we
submitted our taxes and received a
call that his daughter had already
been claimed by the mother. She
knew very well that it was our turn
to claim the daughter. She usually
calls every year at tax time to try
and get my husband to give her the
claiming rights. This time she didn't
ask, she just did it. Just wanted to
know our options to receive our
money and how to approach the
matter?
2 Answers from Attorneys
Re: Claiming child for taxes
Send a certified copy of the court order to the IRS with your tax return. That should take care of the problem.
Re: Claiming child for taxes
You could go to court and spend a lot of money to fight this, but it might be better to ask her to sign something stating that she is aware that for the next two years, your husband will get to claim the daughter on his taxes.
If she refuses to sign anything, go to court and ask the court to order that you and your husband will get to claim her on taxes for the next 2 years.
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