Legal Question in Family Law in Florida
child tax-credit of non-custodial parent
My ex-husband has just filed for the tax-credit for the second time now. He only has the children(2) for about 7-8 weeks a year. I reported this to the IRS to no avail. What do I do now, it is hampering my ability to collect my return. Last time it delayed it by 8 weeks.
1 Answer from Attorneys
Re: child tax-credit of non-custodial parent
The IRS does't usually get involved in disputes over who has the right to claim the kids for the deduction. Unless you really push it with them, they'll just give the deduction to whomever files first, and deny the deduction to whomever files second. You need to go back to family court.
If your divorce agreement or judgment spelled out who has the right to take the deductions, and your ex violated the agreement, you need to file a motion for contempt against him. If your agreement or judgment did not spell out who was to take the deductions, you need to take him back to family court to get it spelled out.
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