Legal Question in Family Law in California

In my divorce decree it is stated that my ex-husband and I take turns claiming our child on income taxes, I claim my son on even years, he on odd years. This month when I tried to file my taxes it came to light he has filed and claimed our son. We also went through a child support case last year proving I cared for our son the higher percentage of time. How do I go about taking legal action? Is this family court since this is in our divorce decree? Do I take him to court to reclaim the funds I will not receive? Or do I need to contact the IRS?


Asked on 3/03/11, 5:38 am

1 Answer from Attorneys

First thing to do is just demand your ex file an amended return. If he refuses, take him back to family court on an OSC re: contempt of the court's order regarding sharing of the exemption.

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Answered on 3/03/11, 11:39 am


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