Legal Question in Family Law in Indiana
My ex-wife informed me she is claiming both our children for 2009 even though our divorce decree states I am to claim both kids in the odd years beginning 2005. How do I go about fighting this, and do I have to spend thousands of dollars in lawyer fees to get a few thousand exemption? What are the penalties for breaking the court order?
2 Answers from Attorneys
File for a citation. This sounds like a contempt situation and seek attorneys fees if you hire counsel to represent you. An alternative is to hire an attorney for the sole purpose of drafting the papers for you and not to represent you. Feel free to contact me as I do offer that service for far less than a thousand dollars.
Go ahead and claim the children, attaching the paperwork that allows you to make the claim. If your return is modified by the IRS to prevent you from claiming the children, file the contempt citation.
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