Legal Question in Family Law in Florida
I have a parenting agreement set up with my sons father that discusses who can claim him on taxes each year. the first year my ex mother in law claimed him without my knowledge or permission. the second year his father claimed him. last year he tried to claim him but we filed first. we (my fiance and i) would like to claim him this year as well since i was unable to the first two years. would we be able to do this without facing legal issues with my ex?
3 Answers from Attorneys
Seems fair (per the agreement) but clear it with him so there is no mix up with IRS.
Have you even read your parenting plan. If your ex filed taxes last year and it was your turn to file , report this to the IRS. He will have to pay back the taxes that he received as you have a court order. He can do the same to you so be careful what you do. If his mother claimed on a year that was to be your year, report this and have her pay back those fees and you get to refile and receive the benefits of the tax issues.
Follow what the court order says.