Legal Question in Family Law in Illinois
ex-husband violated court order
My ex-husband claimed our daughter on his taxes. According to our divorce decree it says I am to claim her. What can I do?
2 Answers from Attorneys
Re: ex-husband violated court order
Your ex has erred but you have not! You can comply with the divorce decree and your husband will be contacted by the IRS, I am sure!
Ex-husband improperly claimed child as tax dependent
It is not altogether uncommon for the same dependent to appear on two separate tax returns. I understand that, if it does anything at all, the Internal Revenue Service will contact you both regarding this, and at that time you can show them that you have the right to claim the child under a court order. I further understand that the IRS simply requires that the incorrect taxpayer (your ex in this case) pay what he owes as a result of the error, including a small penalty.
I advise that you claim your daughter as your dependent consistent with the court order and let the chips fall where they may. You will not be harmed by this, so you needn�t worry nor take action against your ex.