Legal Question in Civil Litigation in California
I have a court order from family court in sacramento which grants me the right to claim one of our two minor children on federal and state income tax returns each year,however, my ex-wife continues to claim both children on taxes in violation of the family stipulation/court order. I need to file a lawsuit in hopes of getting a judgement which would then allow IRS to audit her taxes. Is a civil lawsuit the way to go and what is statue of limitations?
2 Answers from Attorneys
There's no such thing. You claim one child, and give your ex-wife written notice of which child you are claiming on your taxes. If she claims both, let the IRS audit her and sort it out.
In my experience the IRS accepts the word of the first person to file each year and rejects the second return with the same child claimed. They don't have the manpower or interest in the issue to sort it out. Your solution is to file a contempt of court proceeding in the court that issued the order she is ignoring.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
